Does the jury have been instructed that no inference can be made from a defendant's silence?

California, United States of America


The following excerpt is from People v. Fuahala, B306812 (Cal. App. 2021):

Moreover, as set forth above, the jury was instructed with CALCRIM No. 355, which advises that no inference can be made from the defendant's silence. We presume the jury understood and properly applied this instruction (People v. Coffman and Marlow (2004) 34 Cal.4th 1, 83), and nothing in the appellate record indicates the jury did not do so.

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