What is the effect of the court's failure to give CALCRIM No. 3470 to the jury?

California, United States of America

The following excerpt is from People v. Rodriguez, G049977 (Cal. App. 2015):

Because of the court's failure to give CALCRIM No. 3470, the jury was not fully and fairly instructed. Nor was the error cured by defense counsel's assertion in his closing statement that the elevated self-defense requirements for mutual combat were inapplicable because the law does not "require unreasonable things." Defense counsel did not advise the jury on the requirements for reasonable self-defense and, in any case,

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"arguments of counsel are no substitute for instructions from the court." (People v. Harris (2008) 43 Cal.4th 1269, 1320.)

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What is the effect of the court's failure to give CALCRIM No. 3470 to the jury?

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