In what circumstances will a jury be guided by the written instructions rather than by the oral instructions?

as the court provides accurate written instructions to the jury to use during deliberations, no prejudicial error occurs from deviations in the oral instructions." (People v. Rodriguez 77 Cal.App.4th 1101, 1113.) "It is generally presumed that the jury was guided by the written instructions." (People v. Davis 10 Cal.4th 463, 542.) We reject Shields' argument that the error here is so significant as to undermine the presumption. The jury had been instructed earlier that the crime in count one was murder. In receiving the court's oral instruction the jury would have understood that murder and the lesser crimes were distinguishable. Further, the murder instructions given accurately set out the mens rea requirement. Even as read the instruction informs the jury that specific intent is required for a series of crimes: those charged in count one, attempted robbery, accessory to robbery and accessory to commit murder. While the court appears to have deviated slightly from the precise CALJIC formulation, there was no error.

The judgment is affirmed.

Parrilli, J. and Pollak, J., concur.

Notes:

1. Portions of the statement of facts are based on the transcript of defendants' taped joint statement.

1. Portions of the statement of facts are based on the transcript of defendants' taped joint statement.

2. Miranda v. Arizona 384 U.S. 436.

2. Miranda v. Arizona 384 U.S. 436.