How have the courts interpreted jury instructions in a sexual assault case?

Fourth, defendant contends that the trial court erred in rejecting instructions providing guidance on weighing factors in aggravation and mitigation. Proposed instruction No. 22 would have instructed the jury to find beyond a reasonable doubt that factors in aggravation outweighed factors in mitigation. The trial court correctly denied this instruction on the ground that it was contrary to state law. (People v. Jones (1998) 17 Cal.4th 279, 314, 70 Cal.Rptr.2d 793, 949 P.2d 890.) Proposed instruction No. 23 stated that each juror must determine the appropriate penalty for himself or herself and not decide issues by chance. The trial court reasonably rejected this instruction because CALJIC No. 17.40 adequately instructed the jurors on these points.

[198 Cal.Rptr.3d 417]