What is the difference between the written and oral versions of jury instructions in a jury trial and the written version of the instructions given to the jury?

California, United States of America


The following excerpt is from People v. Crain, A150687 (Cal. App. 2018):

(We note that either the reporter mistranscribed what the trial court read or the trial court misread the written pinpoint instruction given to the jury, which provided, "A robbery occurs when defendant uses force or fear in resisting attempts to regain the property or in attempting to remove the property from the owner's immediate presence . . . ." (Italics added.) "To the extent a discrepancy exists between the written and oral versions of jury instructions, the written instructions provided to the jury . . . control[s]." (People v. Wilson (2008) 44 Cal.4th 758, 803.))

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