California, United States of America
The following excerpt is from The People v. Gibbs, D056403, Super. Ct. No. SCS227666 (Cal. App. 2010):
When we review a claim of instructional error we do so de novo applying our independent judgment to the evaluation of the appropriateness of the instruction. (People v. Rodriguez (2009) 170 Cal.App.4th 1062, 1066.)
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