What is the effect of a jury instruction on a defendant's argumentative assertion?

California, United States of America


The following excerpt is from People v. WHEELER, A124318, No. 0803775 (Cal. App. 2010):

As for the defendant's argumentative assertion, we conclude that the court's instruction is a facially neutral explanation of the law. Defendant's argument is based on a reading of only a part of the challenged instruction. It is well established that the propriety of jury instructions is determined from " 'the entire charge of the court, not from a consideration of parts of an instruction or from a particular instruction.' " (People v. Jeffries (2000) 83 Cal.App.4th 15, 22; People v. Paysinger (2009) 174 Cal.App.4th 26,

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