Is CALCRIM No. 522 a pinpoint instruction that need not be given sua sponte?

California, United States of America


The following excerpt is from People v. Chavez, E055599 (Cal. App. 2013):

CALCRIM No. 522 is a pinpoint instruction. (See People v. Rogers (2006) 39 Cal.4th 826, 877-879 [holding that the substantially similar CALJIC No. 8.73 was a pinpoint instruction that need not be given sua sponte].) Because trial counsel did not request that instruction, we will address the issue in the context of defendant's alternative argument of ineffective assistance of counsel.

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