California, United States of America
The following excerpt is from People v. LEON, B219153, No. PA064417 (Cal. App. 2011):
1 C.R.'s tape-recorded statement, which the jury must have credited, indicated that she saw the shooting. C.R.'s other statements and in-court testimony were inconsistent as she testified that she did not see the shooting, but went outside after hearing gunshots. We interpret the evidence in the light most favorable to the verdict as required under the appropriate standard of review. (People v. Halvorsen (2007) 42 Cal.4th 379, 419.)
2 Undesignated statutory citations are to the Penal Code, unless otherwise stated.
3 This issue was not forfeited because if the court gave the jury misleading instructions, the error would have affected appellant's substantial rights. (People v. Hernandez (2010) 183 Cal.App.4th 1327, 1331, fn. 2; see also 1259.)
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