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. Martinez, 10 Cal.App.5th 686, 216 Cal.Rptr.3d 814 (Cal. App. 2017):

"We review de novo whether a jury instruction correctly states the law. [Citation.] Our charge is to determine whether the trial court ' "fully and fairly instructed on the applicable law." [Citation.]' [Citation.] We look to the instructions as a whole and the entire record of trial, including the arguments of counsel. [Citation.] Where reasonably possible, we interpret the instructions ' "to support the judgment rather than [to] defeat it." ' " (People v. Mason (2013) 218 Cal.App.4th 818, 825, 160 Cal.Rptr.3d 516.)

[10 Cal.App.5th 709]

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