Does the trial judge have authority to re-instruct the jury in accordance with the amended verdict form?

California, United States of America


The following excerpt is from People v. Sanchez, B221712, Los Angeles County Super. Ct. No. BA347246 (Cal. App. 2011):

In the instant case, moreover, the trial court was not without authority to re-instruct the jury in accordance with the amended verdict forms. ( 1093, subd. (f) [trial judge may instruct jury members without any request from the parties on the law applicable to the case as the judge deems necessary for their guidance].) The trial court is obliged "'to clear up any instructional confusion expressed by the jury.'" (People v. Giardino (2000) 32 Cal.App.4th 454, 465.)

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