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. Williams, D076556 (Cal. App. 2020):

"We review de novo whether a jury instruction correctly states the law." (People v. Bates (2019) 35 Cal.App.5th 1, 9.) "Once we have ascertained the relevant law, we determine the meaning of the instructions in this regard. Here the question is whether there is a 'reasonable likelihood' that the jury understood the charge as the defendant asserts. [Citations.] 'In addressing this question, we consider the specific language under challenge and, if necessary, the charge in its entirety. [Citation.] Finally, we determine whether the instruction, so understood, states the applicable law correctly.' " (People v. Kelly (1992) 1 Cal.4th 495, 525-526.)

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