What is the test for determining whether a jury has been misled to consider statements made by a witness in a shooting incident?
California, United States of America
The following excerpt is from People v. Mojarro, B223035 (Cal. App. 2011):
The jury was instructed to consider the statements solely for the limited purpose of determining intent, motive, or whether the crimes were committed for the benefit of a criminal street gang. Because the jury is presumed to follow the instructions that were given (People v. Cain (1995) 10 Cal.4th 1, 34), it could not have been misled to consider the statements for improper purposes.
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