What is the test for determining whether a jury instruction challenged on appeal is ambiguous or ambiguous?

California, United States of America


The following excerpt is from People v. Boettcher, D074198 (Cal. App. 2018):

If a jury instruction challenged on appeal is ambiguous, we must consider whether it is reasonably likely the jury misunderstood and misapplied the instruction. (People v. Young (2005) 34 Cal.4th 1149, 1202.) The correctness of jury instructions is determined from the instructions as a whole rather than from a particular instruction or parts of an instruction. (Ibid.) In assessing the probable effect of the instruction on the jury, the reviewing court must also consider whether the arguments of counsel diminished any possible confusion about the challenged instruction or reinforced the correct view of the law stated in the instruction. (Ibid.) We conclude it is not reasonably likely that the jury misunderstood and misapplied the court's instructions regarding the bodily harm enhancement allegation on count 1.

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