California, United States of America
The following excerpt is from People v. Reyes, G040778 (Cal. App. 12/8/2009), G040778 (Cal. App. 2009):
Given this finding, it is clear the jury did not solely rely on the erroneous aiding and abetting instructions to convict defendant of murder. "`The error in the present case can be harmless only if the jury verdict on other points effectively embraces this one or if it is impossible, upon the evidence, to have found what the verdict did find without finding this point as well.' [Citation.]" (People v. Chun, supra, 45 Cal.4th at p. 1204.) Thus, "[i]f other aspects of the verdict or the evidence leave no reasonable doubt that the jury made the findings necessary for" finding defendant personally committed the provocative act of shooting at Medina, "the erroneous [aider and abettor] instruction[s] w[ere] harmless." (Id. at p. 1205.) The trial court's instructional error was thus harmless.
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