Can a defendant have a 40-minute discussion with counsel regarding jury instructions prior to a hearing on jury instructions?

California, United States of America

The following excerpt is from People v. Melara, No. A154880 (Cal. App. 2019):

court began its hearing with counsel regarding jury instructions following a 40-minute recess taken after the parties rested, which hearing the court completed that day. The court read the instructions to the jury the following day. "It is indisputable that jury instructions are an important part of a criminal trial." (People v. DeFrance (2008) 167 Cal.App.4th 486, 494.) While defendant had 40 minutes to discuss jury instructions with his counsel before the court began its hearing on the jury instructions, the court's overnight bar may have impeded their ability to communicate on this subject as well.

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Can a defendant have a 40-minute discussion with counsel regarding jury instructions prior to a hearing on jury instructions?

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