Does the court have to reverse its instruction that grand theft is a specific intent crime?

California, United States of America


The following excerpt is from People v. Goff, D066662 (Cal. App. 2016):

Contrary to the court's instruction, grand theft is a specific intent crime. (In re Jesus O. (2007) 40 Cal.4th 859, 866.) Therefore, the court erred by instructing otherwise. However, reversal is not required unless it is reasonably likely the jury misunderstood and misapplied the court's instructions to appellant's detriment. (People v. Smithey (1999) 20 Cal.4th 936, 963-964.) In making this determination, we must consider the court's instructions "as a whole, in light of one another," without "singl[ing] out a word or

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