California, United States of America
The following excerpt is from People v. Parker, C068510 (Cal. App. 2014):
However, the trial court told the jurors to consider the instructions as a whole, not simply the numbered elements. The court's answer was correct. In reviewing a claim that jury instructions were misleading, we ask whether there is a reasonable likelihood the jury misconstrued or misapplied the instructions in the manner asserted by the defendant. (People v. Cross (2008) 45 Cal.4th 58, 67-68.) We consider the instructions as a whole and presume the jurors are intelligent and capable of understanding and correlating the instructions. (People v. Carey (2007) 41 Cal.4th 109, 130.) There is no reasonable likelihood the jury disregarded the instructions on the consent defense.
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