Is a defendant entitled to an instruction pinpointing the theory of defense?

California, United States of America


The following excerpt is from People v. Molinar, E071698 (Cal. App. 2019):

"Pinpoint instructions '"relate particular facts to a legal issue in the case or 'pinpoint' the crux of a defendant's case."'" (People v. Jo (2017) 15 Cal.App.5th 1128, 1173.) A defendant has a right to an instruction pinpointing the theory of defense "'if the theory proffered by the defendant is supported by substantial evidence' [citation], the instruction is a correct statement of law [citation], and the proposed instruction does not

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simply highlight specific evidence the defendant wishes the jury to consider." (Id. at p. 1174.) However, a court may properly refuse a pinpoint instruction "'[w]here standard instructions fully and adequately advise the jury upon a particular issue.'" (Ibid., citing People v. Gonzales (2012) 54 Cal.4th 1234, 1276 (Gonzales).)

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