California, United States of America
The following excerpt is from People v. Martinez, B220750 (Cal. App. 2012):
favor of the prosecution. First, the court told the jury that the instructions "may not apply," depending on the jury's findings of fact, and it should follow the instructions that do apply to the facts. Second, the instructions reiterated to the jury that "[t]he fact that a person is present at the scene of a crime or fails to prevent the crime does not, by itself, make him an aider and abettor." Third, CALCRIM No. 359, to which the jury was directed, reiterated that it could "not convict [appellant] unless the People have proved his guilt beyond a reasonable doubt." Considering the response as a whole, there was no abuse of discretion here. (People v. Davis, supra, 10 Cal.4th at p. 522 [no abuse of discretion when the court directed the jury to instructions it determined would clarify the issues raised, and it declined to instruct further].)
The judgment of conviction is affirmed.
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