CALCRIM 362 - Interpretation

In People v. Beyah (2009) 170 Cal.App.4th 1241, the court expressed doubt CALCRIM No. 362 should be used to permit an inference of consciousness of guilt based on knowingly false or intentionally misleading statements in a defendant's trial testimony and invited the Judicial Council's advisory committee to clarify its intended use of the instruction. (Id. at pp. 1248-1249, 1251.) The current version of CALCRIM No. 362 clarifies it applies only to false or misleading statements made "before this trial relating to the charged crime." (CALCRIM No. 362 (Rev. 2009).)