California, United States of America
The following excerpt is from People v. O'Malley, 199 Cal.Rptr.3d 1, 365 P.3d 790, 62 Cal.4th 944 (Cal. 2016):
(People v. Merriman, supra, 60 Cal.4th at p. 46, 177 Cal.Rptr.3d 1, 332 P.3d 1187, italics omitted.) Here, defendant fails to point to any specific event or events that would demonstrate gross unfairness. He argues that the court failed to preinstruct the jury about its duty to consider each charge separately. This omission, however, does not demonstrate unfairness. As defendant concedes, the jury was so instructed at the end of the guilt trial and before it began its deliberations, and defense counsel reiterated the point in his closing argument to the jury. "We presume the jury understood and followed the instruction." (People v. Homick (2012) 55 Cal.4th 816, 873, 150 Cal.Rptr.3d 1, 289 P.3d 791.)
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