The following excerpt is from BRIGHT v. HAVILAND, No. CIV S-09-1774 JAM CHS (E.D. Cal. 2011):
Contrary to defendant's suggestion, CALCRIM No. 220 instructs the jury to acquit in the absence of evidence. In addressing defendant's claim, we consider whether a "reasonable juror would apply the instruction in the manner suggested by defendant." The jury is instructed to consider only the evidence, and to acquit unless the evidence proves defendant's guilt beyond a reasonable doubt. If the government presents no evidence, then proof beyond a reasonable doubt is lacking, and a reasonable juror applying this instruction would acquit the defendant.
Due process requires nothing more. CALCRIM No. 220 does not violate due process.
People v. Guerrero, 155 Cal.App.4th 1264, 1268-1269 (3rd Dist. 2007) (citation omitted).
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