What is the test for reversal of a finding of possession of a property where the court's definition of "possessory interest" was confusing and confusing?

California, United States of America


The following excerpt is from People v. Barela, 234 Cal.App.3d Supp. 15, 286 Cal.Rptr. 458 (Cal. Super. 1991):

Appellant argues that the trial court's definition of "possessory interest" was confusing and did not apply to the facts of this case. Reversal is only appropriate, however, if the instruction was incorrect, and if it is reasonably probable that a result more favorable to appellant would have been reached in the absence of the error. (People v. Watson (1956) 46 Cal.2d 818, 836, 299 P.2d 243.)

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