Does the Attorney General make an error in instructing a jury not to consider threats against a defendant as evidence of guilt?

California, United States of America

The following excerpt is from People v. Freeny, C087210 (Cal. App. 2020):

We agree with the Attorney General and find the error harmless. The instruction itself acted as a limiting instruction by informing the jury it could not consider the threats as evidence of defendant's guilt unless "the defendant was present and knew about that conduct, or, if not present, authorized the other person's actions." With no evidence before the jury satisfying either condition, we presume the jury followed the instruction and did not consider the threats as evidence of defendant's guilt. (People v. Wilson (2008) 44 Cal.4th 758, 803.)

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