California, United States of America
The following excerpt is from People v. Williams, C079097 (Cal. App. 2017):
" ' "It is settled that in criminal cases, even in the absence of a request, the trial court must instruct on the general principles of law relevant to the issues raised by the evidence." ' " (People v. Breverman (1998) 19 Cal.4th 142, 154.) Among other things, that sua sponte duty includes instructing the jury regarding the elements of special allegations like the section 186.22, subdivision (b) enhancements alleged here. (People v.
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Mil (2012) 53 Cal.4th 400, 409.) That duty is generally satisfied by providing an instruction that tracks the language of the statute defining the enhancement at issue, especially if "the jury would have no difficulty in understanding the statute without guidance . . . ." (People v. Poggi (1988) 45 Cal.3d 306, 327.) When "a phrase 'is commonly understood by those familiar with the English language and is not used in a technical sense peculiar to the law, the court is not required to give an instruction as to its meaning in the absence of a request.' " (People v. Rowland (1992) 4 Cal.4th 238, 270-271.)
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