California, United States of America
The following excerpt is from People v. Rich, A148091 (Cal. App. 2018):
Neither party addresses our standard of review for this issue. On appeal, "[w]e determine whether a jury instruction correctly states the law under the independent or de novo standard of review. [Citation.] Review of the adequacy of instructions is based on whether the trial court 'fully and fairly instructed on the applicable law.' [Citation.] ' "In determining whether error has been committed in giving or not giving jury instructions, we must consider the instructions as a whole . . . [and] assume that the jurors are intelligent persons and capable of understanding and correlating all jury instructions which are given." [Citation.]' [Citation.] 'Instructions should be interpreted, if possible, so as to support the judgment rather than defeat it if they are reasonably susceptible to such interpretation.' [Citation.]" (People v. Ramos (2008) 163 Cal.App.4th 1082, 1088.) "An appellate court can address an incorrect instruction to which no objection was made at trial if the instruction impaired the defendant's substantial rights. [Citation.]" (People v. Fuentes (2009) 171 Cal.App.4th 1133, 1138.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.