What is the test for a claim of error in jury instructions in a criminal case?

California, United States of America

The following excerpt is from People v. Flores, B232687 (Cal. App. 2012):

"In reviewing a claim of error in jury instructions in a criminal case, this court must first consider the jury instructions as a whole to determine whether error has been committed. [Citations.] We may not judge a single jury instruction in artificial isolation, but must view it in the context of the charge and the entire trial record. [Citation.]" (People v. Moore (1996) 44 Cal.App.4th 1323, 1330-1331.)

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We first observe that any claim of error has been forfeited for failure to object below. (See People v. Rodrigues (1994) 8 Cal.4th 1060, 1193.) In any event, defendant's arguments have no merit.

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