California, United States of America
The following excerpt is from People v. Hernandez, B254693 (Cal. App. 2015):
"[G]iving an irrelevant or inapplicable instruction is generally '"only a technical error which does not constitute ground for reversal."' [Citation.]" (People v. Cross (2008) 45 Cal.4th 58, 67.) In cases where a jury instruction is factually unsupported, "affirmance is the norm." (People v. Guiton (1993) 4 Cal.4th 1116, 1129.) However, reversal might be necessary "if the record affirmatively demonstrates there was prejudice,
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