In what circumstances will the jury not consider the fact that defendant did not testify?

California, United States of America

The following excerpt is from People v. Grant, C073063 (Cal. App. 2014):

In addition, the trial court instructed the jury that defendant had an absolute constitutional right not to testify, that the jury must not consider the fact that defendant did not testify, that neither side is required to call witnesses who may have information about the case or to produce all physical evidence that may have relevance, and that nothing the attorneys said was evidence. We presume the jury followed those instructions. (People v. Boyette (2002) 29 Cal.4th 381, 448.) Under the circumstances, there was no prejudicial error by defendant's trial counsel.

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