What is the effect of a court's failure to give a Mayberry Instruction for Felony False Imprisonment?
California, United States of America
The following excerpt is from People v. Sainz, B261986 (Cal. App. 2016):
Weighing the strength of the prosecution's evidence against appellant's evidence, we further conclude appellant suffered no prejudice. It is not reasonably probable the outcome would have been more favorable had the instruction been given. (Cf. People v. Watson (1956) 46 Cal.2d 818, 836 (Watson).)
3. The Court's Failure to Give a Mayberry Instruction for Felony False Imprisonment Was Not Error.
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