California, United States of America
The following excerpt is from People v. Whitby, D076009 (Cal. App. 2020):
" 'The trial court has the duty to instruct on general principles of law relevant to the issues raised by the evidence [citations] and has the correlative duty "to refrain from instructing on principles of law which not only are irrelevant to the issues raised by the evidence but also have the effect of confusing the jury or relieving it from making findings on relevant issues." [Citation.] "It is an elementary principle of law that before a jury can be instructed that it may draw a particular inference, evidence must appear in the record which, if believed by the jury, will support the suggested inference. [Citation.]" [Citation.]' " (People v. Alexander (2010) 49 Cal.4th
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846, 920-921.) We review claims of instructional error de novo. (People v. Mitchell (2019) 7 Cal.5th 561, 579.)
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