California, United States of America
The following excerpt is from People v. Torres, B252919 (Cal. App. 2015):
beyond a reasonable doubt . . . ' because other instructions make clear the applicable standard of proof." (People v. Lucas (2014) 60 Cal.4th 153, 298.) CALJIC No. 2.01 does not allow jurors to convict on proof less than beyond a reasonable doubt. (People v. Capistrano (2014) 59 Cal.4th 830, 875-876.) Jurors were instructed that they could not rely on circumstantial evidence unless it could not be reconciled with any other rational conclusion and defense counsel emphasized this instruction during his closing argument. Use of the more inclusive instruction precludes a finding of prejudicial error. (People v. Rodrigues (1994) 8 Cal.4th 1060, 1142.)
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