California v. Barber

Docket NumberD076070
Decision Date09 October 2020
A jury convicted Michael Barber of reckless driving. The jury also found true that Barber personally inflicted great bodily injury and proximately caused a loss of consciousness of another. The court placed Barber on formal probation for three years. Barber appealed, contending: (1) the trial court prejudicially erred when it refused to give a special jury instruction he proposed; (2) the great bodily injury enhancement finding had to be stricken because it was an element of reckless driving...

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24 cases
  • People v. Morales
    • United States
    • California Court of Appeals
    • September 30, 2021
    ...of instructions is based on whether the trial court "fully and fairly instructed on the applicable law." ’ " ( People v. Barber (2020) 55 Cal.App.5th 787, 798, 269 Cal.Rptr.3d 712.) "Generally, the trial court is required to instruct the jury on the general principles of law that are closel......
  • People v. Stewart
    • United States
    • California Court of Appeals
    • October 9, 2020
  • People v. Chapman
    • United States
    • California Court of Appeals
    • March 22, 2024
    ...that are closely and openly connected with the evidence and that are necessary to the jury's understanding of the case." (Barber, supra, 55 Cal.App.5th at p. 799.) The trial court's sua sponte duty to instruct the jury a particular defense is "limited, arising 'only if it appears that the d......
  • People v. Waxlax
    • United States
    • California Court of Appeals
    • December 9, 2021
    ...of his counsel's performance aside, we conclude the lack of the pinpoint instruction was harmless. ( People v. Barber (2020) 55 Cal.App.5th 787, 799, 269 Cal.Rptr.3d 712 ["Any error in refusing to give a requested pinpoint instruction is reviewed under the standard enunciated in People v. W......
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