What is the test for determining whether a jury instruction correctly states the law?

California, United States of America


The following excerpt is from People v. Stockman, 270 Cal.Rptr.3d 812, 56 Cal.App.5th 1093 (Cal. App. 2020):

"We review de novo whether a jury instruction correctly states the law." ( People v. Lopez (2011) 198 Cal.App.4th 698, 708, 129 Cal.Rptr.3d 583.) "Our task is to determine whether the trial court "fully and fairly instructed on the applicable law." " ( Ibid. ) "It is well established in California that the correctness of jury instructions is to be determined from the entire charge of the court, not from a consideration of parts of an instruction or from a particular instruction." ( People v. Burgener (1986) 41 Cal.3d 505, 538, 224 Cal.Rptr. 112, 714 P.2d 1251.)

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