Opinion

People v. Cabral CA4/1

Court
California Court of Appeal
Filed
Nov 6, 2025
Status
Unpublished
Cited by
0 cases
Authority
More cited than 36.7%

The opinion

Filed 11/5/25 P. v. Cabral CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication

or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084652

Plaintiff and Respondent,

v. (Super. Ct. No. SCD301812)

ABRAHAM GONZALEZ CABRAL, ORDER MODIFYING OPINION

Defendant and Appellant. NO CHANGE IN JUDGMENT

It is ordered that the opinion filed herein on October 15, 2025, be

modified. On page 12, footnote 6 should be deleted in its entirety.

There is no change in the judgment.

IRION, Acting P. J.

Copies to: All Parties

Filed 10/15/25 P. v. Cabral CA4/1 (unmodified opinion)

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or

ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for

purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084652

Plaintiff and Respondent,

v. (Super. Ct. No. SCD301812)

ABRAHAM GONZALEZ CABRAL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County,

Kimberlee A. Lagotta, Judge. Affirmed.

Richard J. Moller, under appointment by the Court of Appeal, for

Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant

Attorney General, Charles C. Ragland, Assistant Attorney General, Arlene A.

Sevidal and James M. Toohey, Deputy Attorneys General, for Plaintiff and

Respondent.

I. INTRODUCTION

A jury found defendant Abraham Gonzalez Cabral guilty of one

misdemeanor count of resisting arrest (Pen. Code,1 § 148, subd. (a)(1)) and

the trial court placed him on summary probation.2 On appeal, Cabral

contends the trial court erred by denying his request for a pinpoint

instruction on the First Amendment as a defense to the charge of resisting

arrest. Because we find Cabral’s proposed pinpoint instruction unsupported

by substantial evidence, confusing, and argumentative, we affirm the

judgment.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

1. Prosecution Evidence

At about 6:20 a.m. on November 23, 2023 — Thanksgiving Day —

uniformed San Diego Police Department (SDPD) Officer Thomas Pool

observed a gold SUV run a stop sign at a downtown intersection. The officer

got in his marked patrol vehicle, followed the SUV, and activated his

emergency lights to initiate a traffic stop. The driver of the SUV, later

identified as Cabral, pulled over. The ensuing events were captured on

several SDPD officers’ body-worn cameras and the recordings were admitted

as exhibits at trial.

Before Officer Pool could exit his police car, Cabral had already stepped

out of the SUV. Officer Pool testified this behavior is unusual and concerning

1 Further undesignated statutory references are to the Penal Code.

2 The jury found Cabral not guilty of felony possession of a billy club.

(§ 22210.) We discuss the facts pertaining to that charge only as they relate

to the issues arising from the resisting arrest charge.

2

to police officers because traffic stops are “usually the most dangerous thing

officers do.” Cabral’s hands were near his waistband and Officer Pool could

not see Cabral’s right hand. Against Officer Pool’s commands, Cabral turned

and faced the officer. Based on Cabral’s unusual behavior and the

uncertainty over whether there were weapons or other occupants in the SUV,

Officer Pool got out of his vehicle, drew his handgun, pointed it at Cabral,

and called for emergency backup. Officer Pool took cover behind his open

vehicle door with his handgun pointed at Cabral while waiting for more

officers to arrive to “deescalate the situation” and get Cabral “into custody

peacefully.” Numerous SDPD officers responded.

Officer Pool repeatedly ordered Cabral to get down on the ground but

Cabral did not comply. Instead, Cabral got back in the driver’s seat of his

SUV despite Officer Pool telling Cabral to remain outside of it. Officer Pool

then ordered Cabral to keep his hands outside the SUV but Cabral instead

brought his hands inside. Cabral began playing music from his phone over

the SUV’s stereo system and turned the volume up loud, making it difficult to

communicate. Cabral bounced one hand along to the music.

Cabral then got out of his SUV, closed the driver’s door (which muffled

the music), walked away from the officers, and loudly placed his hands on the

SUV’s hood. Officers had not instructed Cabral to do this and Officer Pool

considered it “threatening” because the officers could not see what Cabral

was doing with his hands. The officers repeatedly instructed Cabral to take

two steps to the left but Cabral did not comply. Another officer instructed

Cabral to “turn away,” but Cabral instead turned to face the officers. Officer

Pool testified that a suspect facing officers during an arrest poses a safety

threat.

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Officers again ordered Cabral to turn around but he did not comply.

Officer Pool clarified, “Sir, face way. You’re facing towards us. Turn around.

Turn around.” Cabral shouted, “What do you want, man? I gotta f---ing ham

in the oven. [¶] It’s Thanksgiving man. I’ve got a f---ing ham in the oven.

[¶] What do you want?” Officer Pool responded, “You need to listen to us

right now.” Cabral shouted, “If you would have stopped me without f---ing

screaming at me and without f---ing pointing s--t at me . . . . I would be

compliant as hell.” Officer Pool told Cabral, “We’re not gonna argue about it.”

The officer directed Cabral to “turn away” and “get on the ground” on his

stomach. Cabral briefly faced away from the officers, but then turned to face

them, shouted his name, said he had identification, and made incoherent

statements. The officers repeated for Cabral to get on his stomach but he did

not comply. Officer Pool asked Cabral if anyone was in the SUV; Cabral

turned to face the officers, gesticulated with his arms, and said he was alone.

Cabral then faced away from the officers again.

Without being told to, Cabral dropped to the ground on his stomach.

Officers did not approach Cabral to detain him at this point because he was

next to his SUV and officers were uncertain whether it was occupied.

At the direction of a police officer, Cabral finally stood back up and

began walking backward toward the officers. But Cabral then pivoted to face

the officers and walked forward toward them, causing them to retreat for

safety. Officers instructed Cabral to face away and resume walking

backward toward them. Cabral initially complied, but then began walking

sideways away from the officers, raising concerns he might try to escape.

Officers repeatedly ordered Cabral to get on the ground but Cabral continued

not to comply. As officers approached Cabral to take him into custody,

Cabral physically resisted them.

4

The officers placed Cabral on the ground, where he continued to resist

them and defied their commands to put his hands behind his back. One

officer administered “open-palm strike[s]” to Cabral’s back, but Cabral still

did not comply. Officer Pool then delivered five blows to Cabral’s abdomen,

determined they were ineffective, and delivered five more. Another officer

pepper-sprayed Cabral’s face. While Cabral was struggling with the officers,

they had the following exchange:

CABRAL: (Unintelligible yelling.) So f--- you guys.

POOL: Put your hands behind your back, dude. You’re

gonna get tased.

CABRAL: I don’t give a f---. You think I give a f--- about a

f---ing — They’re hitting me. They’re hitting me.

POOL: Put your hands behind your back.

CABRAL: They’re f---ing, socking my ribs. They’re f---ing

pepper spraying me and f---ing hitting me. F---ing p---ies.

POOL: Put your f---ing hands behind your back.

CABRAL: Yeah, that’s right you f---ing p---ies. F---ing s---.

You f---ing idiots. Bet you guys like f---ing playing like

that, huh? [¶] . . . [¶] A f---ing stop sign. Over a f---ing stop

sign. Over a f---ing stop sign. [¶] . . . [¶] Over a f---ing stop

sign.

Officers eventually got Cabral’s hands behind his back and handcuffed

him. Officers found a knife in Cabral’s pocket and a miniature baseball bat

wedged between the driver’s seat and front console of Cabral’s SUV.

The prosecution introduced evidence regarding the SDPD’s use-of-force

matrix to show that the officers’ actions toward Cabral were authorized at

each stage of the escalating encounter.

5

2. Defense Evidence

Cabral testified in his own defense. He claimed he was unaware he

was being pulled over and just happened to have parked when Officer Pool

stopped. Cabral testified he requested that Officer Pool summon a supervisor

and that he (Cabral) decided to wait in his SUV until the supervisor arrived.

Cabral “pumped the music up” and was “dancing a little” because he “was

excited.” Cabral explained he tried to comply with the officers’ commands but

misunderstood or could not hear them, claiming it was loud downtown and he

is “a little hard of hearing.”

Cabral testified that when officers approached to detain him, he did not

attempt to hit them or to escape. He “had no problems speaking with the

officer” but “just didn’t want to be in handcuffs.” He testified he voluntarily

went to the ground and “completely stopped moving” when officers told him

to stop resisting. The defense presented photographs showing bruises Cabral

sustained during the arrest.

B. Procedural Background

The prosecution charged Cabral with one felony count of possession of a

billy club (§ 22210) and one misdemeanor count of resisting arrest (§ 148,

subd. (a)(1)). The jury found Cabral not guilty of the weapon-possession

charge and guilty of resisting arrest. The trial court placed Cabral on

summary probation.

III. DISCUSSION

A. Background

The People moved in limine to admit Cabral’s statements made during

his arrest, arguing they were “critical to understand his state of mind,

demeanor, intent, motive, and knowledge.”

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Cabral moved in limine for a pinpoint instruction clarifying that,

because the First Amendment affords “the freedom of individuals to verbally

oppose or challenge police action without thereby risking arrest,” the jury

could not convict Cabral of resisting arrest based on his verbal opposition to

the police. Cabral proposed the following instruction:

There is no violation of Penal Code section 148 when a

citizen verbally opposes or challenges police conduct

because the citizen has not “resisted, delayed or

obstructed” the police. Even fighting words, when uttered

to a policeman, are constitutionally protected because it is

not contemplated that a peace officer will react violently.

Although section 148 proscribes resisting, delaying, or

obstructing a police officer, “The First Amendment

protects a significant amount of verbal criticism and

challenge directed at police officers.” The freedom of

individuals verbally to oppose or challenge police action

without thereby risking arrest is one of the principal

characteristics by which we distinguish a free state from a

police state. Even though the police may dislike being the

object of abusive language, they are not allowed to use the

awesome power which they possess to punish individuals

for conduct that is not only lawful, but which is protected

by the First Amendment. For this reason, section 148 must

be applied with great care to speech.

At a pretrial hearing on motions in limine, the trial court announced its

tentative ruling to deny Cabral’s request. Defense counsel argued the

instruction was necessary because the defense suspected — based on the

People’s motion in limine — that “the People will seek to use Mr. Cabral’s

freedom of speech . . . during that interaction with police to insist that he did

delay, obstruct, or resist the police.” The trial court denied Cabral’s request,

finding it premature and unnecessary in light of the applicable pattern

instruction’s “sufficien[cy] to cover the factual issues in this case.”

7

At the jury instruction conference during trial, the defense renewed its

request for the pinpoint instruction. The defense argued it was warranted

based on the video footage and officers’ testimony recounting Cabral’s verbal

opposition to the officers’ conduct, and the defense’s view that the officers

considered Cabral’s speech obstructive and warranting the use of additional

force. The prosecutor responded that the instruction was not appropriate

because he would “not be arguing or asking the jury to find Mr. Cabral guilty

because he was verbally combative by itself. It’s the refusing to comply with

commands before force is used.” The prosecutor further argued Cabral’s

“statements are probative of his state of mind.” The trial court denied the

defense’s request to give its pinpoint instruction, finding the pattern jury

instructions adequately cover the elements of, and defenses to, the resisting

arrest charge and that “there does not appear to be substantial evidence to

provide an additional pinpoint instruction.”

The trial court instructed the jury with CALCRIM No. 2656 regarding

the elements of resisting arrest. The instruction required the People to prove

that (1) Officer Pool “was a peace officer lawfully performing . . . his duties”;

(2) Cabral “willfully resisted, or obstructed, or delayed [Officer] Pool in the

performance . . . of those duties”; and (3) when Cabral acted, he knew or

reasonably should have known that Officer Pool was a peace officer

performing his duties. This instruction also included the following unanimity

component: “The People allege that the defendant resisted, or obstructed, or

delayed [Officer] Pool by doing the following: ignoring lawful police

commands, refusing lawful orders to place his arms behind his back, and

pulling away from officers. You may not find the defendant guilty unless you

all agree that the People have proved that the defendant committed at least

8

one of the alleged acts . . . and you all agree on which act he committed.” The

court also gave a separate unanimity instruction (CALCRIM No. 3500).

The trial court instructed the jury with CALCRIM No. 2670 regarding

the requirement that Officer Pool must be lawfully performing his duties at

the time of the arrest. Among other things, this instruction advised that

(1) “[a] peace officer is not lawfully performing his or her duties if he or she is

unlawfully arresting or detaining someone or using unreasonable or excessive

force when making or attempting to make an otherwise lawful arrest or

detention”; (2) “[s]pecial rules control the use of force”; (3) the jury “may not

find the defendant guilty of resisting arrest if the arrest was unlawful”; and

(4) “[i]f a peace officer uses unreasonable or excessive force while arresting or

attempting to arrest or detaining or attempting to detain a person, that

person may lawfully use reasonable force to defend himself or herself.”

During closing arguments, the prosecutor and defense counsel each

emphasized the importance of the jury agreeing unanimously that Cabral

engaged in one or more of the predicate acts specified in CALCRIM No. 2656.

Defense counsel also argued extensively that Cabral was not guilty because

the officers acted unlawfully, thus justifying Cabral’s reasonable resistance.

B. Relevant Legal Principles

“ ‘Under appropriate circumstances, “a trial court may be required to

give a requested jury instruction that pinpoints a defense theory of the

case.” ’ ” (People v. Whisenhunt (2008) 44 Cal.4th 174, 220.) Pinpoint

instructions “ ‘relate particular facts to a legal issue in the case or “pinpoint”

the crux of a defendant’s case.’ ” (People v. Gutierrez (2009) 45 Cal.4th

789, 824.) “A defendant is entitled to a pinpoint instruction, upon request,

only when appropriate.” (Ibid.; People v. Mora and Rangel (2018) 5 Cal.5th

442, 498 (Mora and Rangel) [“A proper pinpoint instruction must be given at

9

a defendant’s request.” (Italics added.)].) “[A] trial court may properly refuse

an instruction offered by the defendant if it incorrectly states the law, is

argumentative, duplicative, or potentially confusing [citation], or if it is not

supported by substantial evidence.” (People v. Moon (2005) 37 Cal.4th 1, 30.)

The de novo standard of review applies to a trial court’s refusal to give

a requested pinpoint instruction on the basis it was unsupported by

substantial evidence. (See People v. Manriquez (2005) 37 Cal.4th 547, 581.)

The abuse of discretion standard applies to a trial court’s refusal to give a

requested pinpoint instruction on the basis it is duplicative, confusing, or

argumentative. (See Mora and Rangel, supra, 5 Cal.5th at p. 497; People v.

Kraft (2000) 23 Cal.4th 978, 1063.)

C. Analysis

Based on our review of the entire record, we find no error in the trial

court’s refusal to give the requested pinpoint instruction.

To begin, the requested pinpoint instruction was not supported by

substantial evidence. Based on the officers’ testimony, their body-worn

camera footage, Cabral’s own testimony, and the jury instructions, no

reasonable juror would construe the resisting arrest charge as being based on

Cabral’s speech rather than on his actions. The evidence shows Cabral

repeatedly refused to comply with the officers’ clear verbal commands and

physically resisted when officers attempted to take him into custody. The

trial court specifically instructed the jury that the resisting arrest charge was

based on Cabral allegedly “doing” certain things: “ignoring lawful police

commands, refusing lawful orders to place his arms behind his back, and

pulling away from officers.” None of these predicates involve Cabral’s speech.

Cabral argues that certain of the prosecutor’s statements during

closing arguments suggested the charge was based on Cabral’s speech rather

10

than his actions. For example, Cabral asserts “[t]he prosecutor incorrectly

argued . . . that this statement alone made [Cabral] guilty: ‘[Mr. Cabral]

doesn’t remember saying “You f---ing p---ies” on the ground. Doesn’t

remember challenging them to fight. Why? Because those statements, that

evidence makes him guilty.’ ” The record shows, however, that the prosecutor

was not citing Cabral’s statements as instances of resisting arrest, but

rather, as bases for impeaching Cabral’s credibility.

More specifically, the prosecutor made the cited statement while

discussing CALCRIM No. 226, which sets forth factors the jury may consider

when evaluating witness credibility. While discussing one of those factors —

“Did other evidence prove or disprove any fact about which the witness

testified?” (ibid.) — the prosecutor cited several instances in which other

evidence disproved aspects of Cabral’s testimony.3 So framed, the reason

Cabral’s statements “ma[d]e him guilty” is because his dubious and self-

serving claim to not remember making the statements impeached his

credibility in all respects. The prosecutor also argued, more generally, that

Cabral’s statements were relevant to establishing the requirement that

Cabral “willfully resisted, or obstructed, or delayed” a police officer.4 (Italics

3 For example, the prosecutor pointed out that while Cabral claimed he

did not know the police had pulled him over, Cabral admitted at trial that he

said “ ‘over a f---ing stop sign’ ” — before police told him why Officer Pool had

stopped him.

4 The prosecutor argued: “Statements can tell you what people are

thinking. Right. It can reveal their intent. ‘If you would have stopped me

without f---ing screaming at me, without f---ing pointing s--- at me, I would be

compliant as hell.’ That’s an admission he’s not complying. He is telling the

officer [‘]had you just done your job differently, I would have acted exactly as

you’re asking me to.[’] [¶] Or how about this on direct: ‘I didn’t want to be in

handcuffs.’ He is telling you that he is taking these actions on purpose.

Purposeful. No one is forcing him to act this way.”

11

added.) The record, as a whole, shows that the prosecutor’s argument about

Cabral’s statements “mak[ing] him guilty” did not suggest the statements

could constitute a predicate for the resisting arrest charge.

Cabral also cites the prosecutor’s references in closing arguments to

Cabral “taunting” the officers, which he maintains suggested to jurors that

they could find him guilty of resisting arrest based on his speech. Cabral first

points to the following statement in the prosecutor’s initial closing argument:

“ ‘And the law tells you consider all the surrounding circumstances of this

case . . . . That the defendant was quick to anger, demanded officers do their

job a different way, yelling and cursing, challenging the officers, ignoring

police commands and dancing, taunting with law enforcement who have guns

drawn at them [sic], willing to physically resist police officers.’ ” But the

record shows the prosecutor made this statement in connection with the

weapon-possession charge (that is, whether Cabral possessed the miniature

baseball bat “as a weapon”).5 Cabral obscured this fact in his appellate

briefing by selectively quoting the passage above to omit the sentence that

immediately follows it: “It’s a weapon. Under these circumstances with this

object, with this defendant, it’s a weapon.”6 In context, then, it is clear that

the prosecutor’s initial reference to “taunting” was unrelated to the resisting

arrest charge.

5 The trial court instructed the jury on the weapon-possession charge

with CALCRIM No. 2500, which states in part: “To prove that the defendant

is guilty of this crime, the People must prove that [¶] . . . [¶] [t]he defendant

possessed the object as a weapon. [¶] . . . [¶] When deciding whether the

defendant possessed the object as a weapon, consider all the surrounding

circumstances relating to that question . . . .”

6 We remind Cabral’s appellate counsel of his duty of candor to this

court. (See Bus. & Prof. Code, § 6068, subd. (d); Rules Prof. Cond.,

rule 3.3(a).)

12

Cabral next points to the prosecutor’s use of the word “taunting” twice

in his rebuttal argument. At the very outset of his rebuttal, the prosecutor

stated: “Six minutes [the approximate duration of the entire encounter]

doesn’t justify ten [blows]. What about [‘]six minutes doesn’t justify countless

ignored commands? Six minutes doesn’t deserve taunting somebody who is

doing their job. Six minutes doesn’t deserve officers who are working on

Thanksgiving having to put themselves in a dangerous situation . . . .[’] [L]et

me be very clear it is insulting the idea that Mr. Cabral gets to set the terms

of how officers who are working safely do their job.” This statement was a

clear response to defense counsel’s statement at the very outset of her closing

argument that “six minutes did not justify 10 blows from Officer Pool.”

Defense counsel repeated the “six minutes” theme throughout her closing

argument. The prosecutor’s retort to the defense theme does not strike us as

invoking “taunting” as a basis for convicting Cabral of resisting arrest.

At the very end of the prosecutor’s rebuttal he again used the word

“taunting.” In surmising how jurors might describe this case when asked

“What was the case about?”, the prosecutor said:

Are you going to say this is a case about a person who

testified he didn’t even know that he had been stopped,

and he got the perfect [parking] spot and all of a sudden he

saw this officer and he couldn’t hear because downtown is

so loud, and he was hard of hearing and he genuinely was

trying to clarify with the officer what happened, and he

just wanted to comply. And then these officers, like a

group of bandits, came in and they just beat him up. Used

excessive force.

No. You’re going to say this is about a person who was

stopped on Thanksgiving. And maybe he was rightfully

upset or frustrated for unfortunately running that stop

sign right in front of a police officer, but then he took it out

of hand. He was intentionally ignoring commands, he was

13

taunting officers. And the officers in that situation

couldn’t walk away from the scene. And eventually due to

him not listening to commands, they had to use force. And

then when they went into his vehicle, they found a

weapon. That was illegal because of the way he was

possessing it.

As the full context shows, the prosecutor cited Cabral’s “not listening to

commands” — not taunting — as the impetus for the officers’ use of force.

And as already noted, the prosecutor had earlier linked taunting to the

weapon-possession charge and Cabral’s mental state. We therefore conclude

this limited reference to “taunting” lacks a nexus to the resisting arrest

charge sufficient to require the trial court to instruct regarding First

Amendment principles.

Finally, the timing of Cabral’s statements also undermines the

sufficiency of the evidence supporting the proposed pinpoint instruction. The

vast majority of Cabral’s taunting occurred after the officers were already

attempting to subdue him, thus refuting that the taunting was the impetus

for his arrest or prosecution.

We thus conclude — as the trial court did — that substantial evidence

did not support instructing regarding First Amendment principles.

We likewise conclude the trial court properly refused to give Cabral’s

proposed pinpoint instruction because it was potentially confusing and

argumentative. The first sentence of the proposed pinpoint instruction

states: “There is no violation of Penal Code section 148 when a citizen

verbally opposes or challenges police conduct because the citizen has not

‘resisted, delayed or obstructed’ the police.” As the People argue, this

assertion is confusing because it gives the mistaken impression that verbally

opposing police while physically resisting them “somehow immunizes a

defendant from liability for” the physical resistance. It also glosses over the

14

nuances between protected speech and criminal misconduct. (See, e.g., In re

Chase C. (2015) 243 Cal.App.4th 107, 117 [“when a person’s words go ‘beyond

verbal criticism, into the realm of interference with [an officer’s performance

of his or her] duty,’ the First Amendment does not preclude criminal

punishment”].)

The proposed instruction is also argumentative. Its reference to the

distinction between a “free nation and a police state” is inflammatory and

unhelpful to the jury on the facts of this case. We recognize that this

language comes from Houston v. Hill (1987) 482 U.S. 451, on which Cabral

heavily relies. (See id. at pp. 462–463 [“The freedom of individuals verbally

to oppose or challenge police action without thereby risking arrest is one of

the principal characteristics by which we distinguish a free nation from a

police state.”].) Cabral fails, however, to explain how the specific issue in Hill

(the legal question of “whether a municipal ordinance that makes it unlawful

to interrupt a police officer in the performance of his or her duties is

unconstitutionally overbroad under the First Amendment” (id. at p. 453))

relates to the specific issue he wished to address here through the pinpoint

instruction (whether Cabral’s prosecution was premised on his speech rather

than his conduct). Absent such an explanation, Cabral’s reliance on a snippet

from another appellate case is unenlightening. (See People v. Colantuono

(1994) 7 Cal.4th 206, 221, fn. 13 [“The discussion in an appellate decision is

directed to the issue presented. The reviewing court generally does not

contemplate a subsequent transmutation of its words into jury instructions

and hence does not choose them with that end in mind. We therefore

strongly caution that when evaluating special instructions, trial courts

carefully consider whether such derivative application is consistent with their

original usage.”]; People v. Adams (1987) 196 Cal.App.3d 201, 204–205

15

[“Language in an appellate court opinion which may be a good statement of

law or of the reasoning of the appellate court does not necessarily make a

good jury instruction.”].)

We also note that the second paragraph of Cabral’s proposed pinpoint

instruction is a nearly verbatim excerpt from In re Muhammed C. (2002)

95 Cal.App.4th 1325 at pages 1330–1331. Cabral does not discuss

Muhammed at all in his briefing. Rather, he cites it only indirectly in a page-

long block-quotation from an inapposite federal appellate decision in a civil

action for unlawful arrest that held there were triable issues of fact as to

whether officers were acting lawfully at the time of an arrest for purposes of

qualified immunity. (Johnson v. Bay Area Rapid Transit Dist. (9th Cir. 2013)

724 F.3d 1159, 1174.)

In short, the trial court did not err by refusing to instruct the jury with

Cabral’s proposed pinpoint instruction regarding First Amendment

principles.

IV. DISPOSITION

The judgment is affirmed.

16

RUBIN, J.

WE CONCUR:

IRION, Acting P. J.

CASTILLO, J.

17

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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