California, United States of America
The following excerpt is from People v. Sanchez, F058796 (Cal. App. 2012):
8. In making these arguments, defendant has only cited to the provisions of CALCRIM No. 401 for the elements of being an aider and abettor, instead of any legal authorities. As noted by the People, however, jury instructions "are not themselves the law, and are not authority to establish legal propositions or precedent. They should not be cited as authority for legal principles in appellate opinions. At most, when they are accurate ... they restate the law." (People v. Morales (2001) 25 Cal.4th 34, 48, fn. 7.) In any event, we evaluate defendant's substantial evidence contentions based on the law as stated, ante.
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