What is the test for determining whether defendant was the person identified in "Exhibit 25"?
California, United States of America
The following excerpt is from People v. Hughes, No. C060242 (Cal. App. 4/14/2010), No. C060242. (Cal. App. 2010):
The jury heard argument from both sides on the issue of whether defendant was the person identified in "Exhibit 25"; the final instruction they heard was that it was their job to determine if that person was defendant. We presume the jury followed that instruction. (People v. Avila, supra, 38 Cal.4th at p. 574.) Defendant has failed to show how the result would have been different had the court determined defendant was the person identified in "Exhibit 25" prior to submitting the issue to the jury.
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