What is the test for a defendant challenging a jury's interpretation of a jury instruction?
California, United States of America
The following excerpt is from People v. Chapa, C070207 (Cal. App. 2015):
A defendant challenging an instruction as being subject to an erroneous interpretation by the jury must demonstrate a reasonable likelihood the jury understood the instruction in the manner asserted by the defendant. (People v. Cross (2008) 45 Cal.4th 58, 67-68.) In our de novo review, we determine the correctness of jury instructions from the entire set of instructions, not just an isolated part of an instruction. (People v. Wallace (2008) 44 Cal.4th 1032, 1075.)
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