California, United States of America
The following excerpt is from People v. Tapia, D077113 (Cal. App. 2021):
reasonable doubt based on the theory of guilt set forth in the instruction. [Citations.] In making this determination, we view the evidence most favorably to the judgment presuming the existence of every fact that reasonably may be deduced from the record in support of the judgment. There is no instructional error when the record contains substantial evidence in support of a guilty verdict on the basis of the challenged theory." (People v. Jantz (2006) 137 Cal.App.4th 1283, 1290.) " 'Errors in jury instructions are questions of law, which we review de novo.' " (People v. Fenderson (2010) 188 Cal.App.4th 625, 642.)
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