What standard of review applies to a minor clarification to a deliberating jury?

California, United States of America


The following excerpt is from People v. Vasquez, E054057 (Cal. App. 2012):

When reviewing a trial court's decision to issue a minor clarification to a deliberating jury requesting elucidation, the correct standard of review is abuse of discretion: "Where, as here, 'the original instructions are themselves full and complete, the court has discretion under [Penal Code] section 1138 to determine what additional explanations are sufficient to satisfy the jury's request for information.' [Citation.]" (People v. Davis (1995) 10 Cal.4th 463, 522.)

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