California, United States of America
The following excerpt is from People v. Richards, B232300 (Cal. App. 2012):
When viewed in their entirety, the "instructions made clear the reasonable doubt standard applies" to the determination whether defendant committed the charged crimes. (People v. Carpenter (1997) 15 Cal.4th 312, 383.) Therefore, it is not reasonably probable that the jury applied the challenged instructions to convict defendant by a preponderance of the evidence rather than beyond a reasonable doubt. (Cf. People v.
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O'Neal (2000) 78 Cal.App.4th 1065, 1078-1079; People v. Regalado (2000) 78 Cal.App.4th 1056, 1061-1063.)
The judgment is affirmed.
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