What is the test for a jury to consider a charge of mayhem?

California, United States of America


The following excerpt is from People v. Belmont, A144613 (Cal. App. 2019):

instruction mirrored the statutory language, and no further explanation was necessary to inform the jury of the nature of the charge. (See Santana, supra, 56 Cal.4th at p. 1010 [Legislature established injury's requisite level of seriousness by delineating types of injuries that suffice for mayhem]; see also People v. Montoya (1994) 7 Cal.4th 1027, 1047-1048 [trial court must instruct sua sponte on general principles of law necessary for jury's understanding of the case].)

The judgment is affirmed.

Page 17

/s/_________
Tucher, J.

We concur:

/s/_________
Pollak, P.J.

/s/_________
Streeter, J.

Footnotes:

1. All statutory references are to the Penal Code.

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