What is the test for a defendant who claims that an instruction is subject to erroneous interpretation by the jury?
California, United States of America
The following excerpt is from People v. Owens, C069838, C069853, C069856 (Cal. App. 2013):
A defendant who claims an instruction is subject to erroneous interpretation by the jury must demonstrate a reasonable likelihood that the jury understood the instruction in the way the defendant claims. (People v. Cross (2008) 45 Cal.4th 58, 67-68.) We do not find a reasonable likelihood here.
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