What is an instruction de novo in a criminal case?
California, United States of America
The following excerpt is from People v. Castillo, 2d Crim. No. B304142 (Cal. App. 2021):
The trial court has a duty to instruct on the general principles of law relevant to the issues raised in the case. This includes instruction on all elements of a charged offense. (People v. Sedeno (1974) 10 Cal.3d 703, 715, overruled on another ground by People v. Breverman (1998) 19 Cal.4th 142, 163.) We review the legal adequacy of an instruction de novo. (People v. Cole (2004) 33 Cal.4th 1158, 1210.)
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