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Name: People v. Flores
Case #: F050958
Court: CA Court of Appeal
District 5 DCA
Citation: 153 Cal.App.4th 1088

CALCRIM no. 220 directing the jury to consider all the evidence received at trial, but not specifically referring the lack of evidence, does not violate due process.

The only reasonable understanding of this language is that a lack of evidence can lead to reasonable doubt. Further, nothing in the instructions given implies that appellant must adduce evidence promoting reasonable doubt or otherwise provide the jury of his innocence.

Opinion Date: 07/30/2007