Is there any inconsistency in the meaning of the phrase "customarily used as a dwelling" in the instruction to the jury?

California, United States of America


The following excerpt is from People v. Hughes, 116 Cal.Rptr.2d 401, 27 Cal.4th 287, 39 P.3d 432 (Cal. 2002):

As the People observe, although the phrase "customarily used as a dwelling" focuses on the general nature of the structure, the instruction also informed the jury that the structure must be "occupied" and hence that the structure currently must be used as a dwelling (even though its occupants are temporarily absent). We also agree with the People that "[a]s long as the instruction given accurately conveyed the law, the apparent inconsistency between statutory language and the instructional language is of no consequence." (See People v. Benson (1990) 52 Cal.3d 754, 801, 276 Cal.Rptr. 827, 802 P.2d 330 ["What is crucial . . . is the meaning that the instructions communicated to the jury"].) We find that there is no reasonable likelihood that the jury misunderstood anything of significance by virtue of being instructed as it was.12

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