What is the test for determining whether the jury applied the instruction in an impermissible manner?

California, United States of America


The following excerpt is from People v. Montgomery, D068069 (Cal. App. 2015):

'determine whether there is a reasonable likelihood the jury applied the instruction in an impermissible manner.' [Citation.] We presume that jurors are intelligent and capable of correctly understanding, correlating, applying, and following the court's instructions." (People v. Acosta (2014) 226 Cal.App.4th 108, 119) " ' "Instructions should be interpreted, if possible, so as to support the judgment rather than defeat it if they are reasonably susceptible to such interpretation." ' " (People v. Riley (2010) 185 Cal.App.4th 754, 767.)

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