Does the court err by refusing to modify CALCRIM No. 335 because the jury relied on testimony that was favorable to the defense?

California, United States of America

The following excerpt is from People v. Alaniz, H041643 (Cal. App. 2016):

extent the jury relied on that testimony "to convict the defendant." We must presume that jurors are "intelligent and capable of understanding and applying the court's instructions" (People v. Gonzales (2011) 51 Cal.4th 894, 940 (Gonzales)), such that they were able to distinguish between testimony used "to convict"i.e., unfavorable testimonyand testimony that was favorable to the defense. The trial court therefore did not err by declining to modify CALCRIM No. 335.

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