What is the test for determining whether the trial court erred in instructing the jury to convict a defendant of assault?

California, United States of America


The following excerpt is from People v. Slaughter, 120 Cal.Rptr.2d 477, 27 Cal.4th 1187, 47 P.3d 262 (Cal. 2002):

To determine whether the trial court erred in instructing the jury, "we examine the entire record, including the instructions and arguments, to determine whether the jury was misled to the prejudice of the defendant about the scope of its sentencing discretion. [Citation.] We must ascertain whether, overall, the jury was adequately informed of the full nature of its sentencing responsibility, both as to the manner in which the various factors are to be weighed and as to the scope of its sentencing discretion. [Citation.]" (People v. Visciotti (1992) 2 Cal.4th 1, 63, 5 Cal.Rptr.2d 495, 825 P.2d 388.)

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