California, United States of America
The following excerpt is from People v. Rideaux, F063216 (Cal. App. 2013):
In any event, the instruction was adequate in stating the applicable law and would not have misled the jury. If a jury instruction is arguably ambiguous, "'we inquire whether there is a reasonable likelihood that the jury misunderstood and misapplied the instruction.' [Citations.] ... The reviewing court also must consider the arguments of counsel in assessing the probable impact of the instruction on the jury." (People v. Young, supra, 34 Cal.4th at p. 1202.) "A defendant challenging an instruction as being subject to erroneous interpretation by the jury must demonstrate a reasonable likelihood that the jury understood the instruction in the way asserted by the defendant." (People v. Cross (2008) 45 Cal.4th 58, 67-68.) "'"Jurors are presumed to be intelligent, capable of
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