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Name: People v. Romero-Arellano
Case #: A119908
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 02/11/2009
Summary

Use of the term “the People” in jury instructions did not violate due process. During appellants’ trial for controlled substance offenses, they requested that all CALCRIM instructions be modified to change the word “People” to “prosecution” or “government.” The trial court refused, and appellants were convicted. On appeal, they argued that this was error in that it violated due process. The appellate court rejected the argument, finding that the Supreme Court has declared it is proper to use “the People” in jury instructions. Further, the appellants were not prejudiced. It is not reasonably probable that the jury would have reached a different outcome had the court referred to the prosecution in another way.