The Jury Would Have Understood The Instruction To Apply Only To Statements Proving Guilt, And Not To Exculpatory Statements.

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In rejecting the defendant's argument that the instruction caused the jury to view with caution the statements on which his defense relied, the appellate court observed that although the defendant's statements tended to prove his guilt of a sex crime, they also tended to prove he did not commit that crime with force or duress, which served to exculpate the defendant. The jury would have understood the instruction to apply only to statements proving guilt, and not to exculpatory statements. (Id. at p. 777.) As summarized above, case law at the time of defendant's trial fully supported the trial court's refusal to modify CALJIC No. 2.71. Recently, however, this court reassessed the propriety of requiring trial courts to give the cautionary instruction in the absence of a defense request. In People v. Diaz (2015) 60 Cal.4th 1176 (Diaz), we concluded that, in light of several statutory developments occurring after this court first declared a sua sponte duty to direct jurors to view a defendant's out-of-court admissions with caution, the trial court is no longer obligated to give this cautionary instruction unless requested by the defense. (Id.