What is the test for a defense to the charge of assault on count 1 of CALCRIM No. 200?
California, United States of America
The following excerpt is from People v. Cromer, D072824 (Cal. App. 2018):
was a defense to the lesser charge of assault on count 1. "Jurors are presumed able to understand and correlate instructions and are further presumed to have followed the court's instructions." (People v. Sanchez (2001) 26 Cal.4th 834, 852.) Indeed, CALCRIM No. 200 specifically directed jurors to "[p]ay careful attention to all of these instructions and consider them together." (Italics added.)
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