What is the standard of review used by the Court of Appeal in determining whether to grant an instruction?
California, United States of America
The following excerpt is from People v. Jones, F068237 (Cal. App. 2016):
A trial court's decision to give or not give a particular instruction is reviewed on appeal without deference because it is predominantly a question of law. As such, an
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independent or de novo standard of review is used. (People v. Cole (2004) 33 Cal.4th 1158, 1217.)
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