Does the burden of proof need to be the same?

California, United States of America


The following excerpt is from People v. Xulu, B247575 (Cal. App. 2015):

Finally, the jury received proper instruction on the burden of proof via CALCRIM No. 220. We presume the jury followed this instruction. (See, e.g., People v. Lopez, supra, 198 Cal.App.4th at p. 1119.)

Defendants contend that the cumulative effect of the purported errors deprived them of a fair trial. As we have " 'either rejected on the merits defendant's claims of error or have found any assumed errors to be nonprejudicial,' " we reach the same conclusion with respect to the cumulative effect of any purported errors. (People v. Cole (2004) 33 Cal.4th 1158, 1235-1236; see also People v. Butler (2009) 46 Cal.4th 847, 885.)

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