Is giving the instruction to the jury too late in the trial of a defendant a breach of the law, or does the court have a duty to properly instruct the jury?

California, United States of America

The following excerpt is from People v. Cheshire, B286902 (Cal. App. 2019):

Appellant claims that giving the instruction late in the proceeding "[i]mproperly [h]ighlighted" it. This is inevitable when the court realizes during deliberations that the jury is confused due to the absence of an applicable instruction. However, it does not relieve the court of its responsibility to properly instruct the jury, or to "reinstruct if it becomes apparent that the jury may be confused on the law." (People v. Chung, supra, 57 Cal.App.4th at p. 758.)

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