What is the standard of review for a charge of instructional error?

We apply the de novo standard of review to a charge of instructional error. (People v. Russell (2006) 144 Cal.App.4th 1415, 1424.) In pertinent part, a person who enters a room "with intent to commit grand or petit larceny or any felony is guilty of burglary." ( 459, italics added.) The court instructed the jury on the elements of burglary with pattern jury instruction CALCRIM No. 1700 and identified the underlying felonies that could support a burglary charge in this case: "The defendant is charged in Count One with burglary in violation of Penal Code section 459. To prove that the defendant is guilty of this crime, the People must prove that: [] 1. The defendant entered a house or room within a house; [] AND [] 2. When he entered the house or room, he intended to commit the crime of (i) Assault by Means Likely to Produce Great Bodily Injury or (ii) Criminal Threats. [] . . . [] To decide whether the defendant intended to commit the crimes of Assault by Means Likely to Produce Great Bodily

Page 6