California, United States of America
The following excerpt is from People v. Royal, E060820 (Cal. App. 2015):
We hasten to add that defendant has not expressly raised this particular argument, and thus he has forfeited it. More fundamentally, however, we do not believe that this would be a reasonable interpretation of the jury instructions. "'When an appellate court addresses a claim of jury misinstruction, it must assess the instructions as a whole, viewing the challenged instruction in context with other instructions, in order to determine if there was a reasonable likelihood the jury applied the challenged instruction in an impermissible manner.' [Citation.]" (People v. Hajek and Vo (2014) 58 Cal.4th 1144, 1217.)
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