What is the effect of language in a jury instruction that refers to a violation of section 487 of the Penal Code?

California, United States of America


The following excerpt is from People v. Devalle, A142361 (Cal. App. 2015):

We believe defendant has failed to heed the principle that " ' " ' "the correctness of jury instructions is to be determined from the entire charge of the court, not from a consideration of parts of an instruction or from a particular instruction." ' " ' " (People v. Young (2005) 34 Cal.4th 1149, 1202.) That determination demonstrates the absence of prejudice from the court's unfortunate language conveying the erroneous impression that defendant was formally charged with violating Penal Code section 487.

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