Is the Attorney General's argument that the jury was instructed incorrectly?

The Attorney General argues that considering the instructions and the prosecutor's arguments as a whole, the jury was not instructed incorrectly.² There is some force to this argument. " ' "[W]e must consider the instructions as a whole . . . [and] assume that the jurors are intelligent persons and capable of understanding and correlating all jury instructions which are given. [Citation.]" ' [Citation.] 'Instructions should be interpreted, if possible, so as to support the judgment rather than defeat it if they are reasonably susceptible to such interpretation.' " (People v. Martin (2000) 78 Cal.App.4th 1107, 1111-1112.) Nonetheless, in view of the inconsistency in both the instruction and the prosecutor's argument, we would be reluctant to rest an affirmance on the presumption that the jury observed one rather than the other of the conflicting statements.