What is the standard of review for a jury instruction error claim?
California, United States of America
The following excerpt is from People v. Cabrera, H037730 (Cal. App. 2013):
We consider a claim of instructional error under the de novo standard of review. Nevertheless, " ' "[i]n determining whether error has been committed in giving or not giving jury instructions, we must consider the instructions as a whole . . . [and] assume that the jurors are intelligent persons and capable of understanding and correlating all jury instructions which are given.". . .' " (People v. Ramos (2008) 163 Cal.App.4th 1082, 1088.)
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