What is the standard of proof, and what are the instructions given to the jury?

Regardless of how the evidence was characterized in this one comment by the prosecutor, the instructions conveyed the need to establish each element beyond a reasonable doubt. The trial court defined the proper standard of proof, and the jury was instructed regarding that standard. The jury was instructed as to what constituted evidence, informed that the attorneys' remarks were not evidence, and specifically that the closing remarks of the attorneys' were not evidence. The jury also received instructions on how to evaluate witness testimony, including when testimony may be conflicting. Additionally, the trial court instructed the jury to follow the court's instructions if the attorneys' comments were in conflict. We presume the jury followed the court's instructions. (People v. Boyette (2002) 29 Cal.4th 381, 436.)

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