Does a defendant have a claim that the court misled the jury regarding the special circumstance allegation?
California, United States of America
The following excerpt is from People v. Jenkins, 22 Cal.4th 900, 95 Cal.Rptr.2d 377, 997 P.2d 1044 (Cal. 2000):
[95 Cal.Rptr.2d 468]
To the extent defendant's claim is that the court failed to give clarifying or amplifying instructions, the claim is waived because defendant did not request such clarification below. (People v. Sully, supra, 53 Cal.3d at p. 1218, 283 Cal.Rptr. 144, 812 P.2d 163.) To the extent his claim is that the court misled the jury regarding the special circumstance allegation, or failed to instruct on a defense supported by the evidence, the claim is rejected, as we shall explain.[95 Cal.Rptr.2d 468]
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