What is the test for instructing a jury to draw an entirely permissive inference?

California, United States of America


The following excerpt is from People v. Austin, F073937 (Cal. App. 2018):

" 'It is an elementary principle of law that before a jury can be instructed that it may draw a particular inference, evidence must appear in the record which, if believed by the jury, will support the suggested inference.' " (People v. Valdez (2004) 32 Cal.4th 73, 137.) "Instruction on an entirely permissive inference is invalid as a matter of due process only if there is no rational way the jury could draw the permitted inference." (People v. Pensinger (1991) 52 Cal.3d 1210, 1243-1244.)

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