What is the test for a jury to be found guilty of an error of instruction in a jury trial?

California, United States of America

The following excerpt is from People v. Ramirez, D065135 (Cal. App. 2015):

"In considering a claim of instructional error we must first ascertain what the relevant law provides, and then determine what meaning the instruction given conveys. The test is whether there is a reasonable likelihood that the jury understood the instructions in a manner that violated the defendant's rights. [Citation.] We determine the correctness of the jury instruction[s] from the entire charge of the court, not from

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considering only parts of an instruction or one particular instruction." (People v. Smith (2008) 168 Cal.App.4th 7, 13.)

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