What is the de novo standard of review in determining whether a trial court had a duty to give a particular jury instruction sua sponte?

California, United States of America


The following excerpt is from People v. Baumgartner, D075102 (Cal. App. 2019):

An appellate court applies the de novo standard of review in determining whether the trial court had a duty to give a particular jury instruction sua sponte. (People v. Guiuan (1998) 18 Cal.4th 558, 569.) Further, " 'a party may not complain on appeal that an instruction correct in law and responsive to the evidence was too general or incomplete unless the party has requested appropriate clarifying or amplifying language.' " (Id. at p. 570.)

b. Relevant substantive law

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