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

California, United States of America


The following excerpt is from People v. Berryman, 25 Cal.Rptr.2d 867, 6 Cal.4th 1048, 864 P.2d 40 (Cal. 1993):

The standard of review for a claim of instructional error of this kind is de novo: the question is one of law, involving as it does the determination of the applicable legal principles (see People v. Louis (1986) 42 Cal.3d 969, 985, 232 Cal.Rptr. 110, 728 P.2d 180).

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