People v. Smith

Opinion

HUFFMAN, Acting P. J.

In this case, we hold that a trial court does not violate a defendant’s rights to due process and a fair trial by “preinstructing” the jury on the definitions of direct and circumstantial evidence under CALCRIM No. 223, without also preinstructing on the method of assessing the sufficiency of the circumstantial evidence under CALCRIM No. 224, where these instructions are fully and correctly given along with the presumption of innocence and the prosecution’s burden of proof at the close of evidence and before deliberations.

Here, a jury convicted Tyrone Lamar Smith…