California, United States of America
The following excerpt is from People v. Velasco, B265036 (Cal. App. 2016):
In any event, any error in giving the instructions was harmless. When a trial court errs by giving a legally correct instruction that has no application to the facts of the case, the error is, once again, an error of state law only. (People v. Guiton (1993) 4 Cal.4th 1116, 1129.) Thus, reversal is required only if it is reasonably probable the result would have been more favorable to the defendant absent the error. (Id. at p. 1130.) Jurors are capable of analyzing the evidence and reaching a rational conclusion that will save them from relying on a factually inadequate theory. (Id. at p. 1131.) The jury was instructed pursuant to CALJIC No. 17.31 that not all instructions were necessarily applicable, and to disregard any instructions that applied to facts determined not to exist. Jurors are presumed to follow the trial court's instructions. (People v. Homick (2012) 55 Cal.4th
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816, 866-867.) To the extent the jury found no evidence supporting the challenged instructions, it would have disregarded them.
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