Does a court's failure to instruct on the specific intent required for a conviction on a theft theory constitute an error?

California, United States of America


The following excerpt is from People v. McMahel, C086897 (Cal. App. 2019):

We disagree. Assuming the trial court's failure to instruct on the specific intent required for a conviction on a theft theory was error, we conclude any such error was harmless beyond a reasonable doubt. (People v. Chun (2009) 45 Cal.4th 1172, 1201 [harmlessness of instructional error on elements of offenses must be established beyond a reasonable doubt].) This is so because " 'it [was] impossible, upon the evidence, to have found what the verdict did find without' " also making the findings necessary under a legally correct theory. (Id. at pp. 1204, 1205 [instructional error was harmless because given the evidence presented no juror could have found felony murder without also finding conscious-disregard-for-life malice].)

Other Questions


Does a trial court's failure to instruct the jury on the applicable theory of theft constitute reversible error? (California, United States of America)
Is a jury's instruction that a crime requires specific intent not specific intent invalidating a defendant's due process under the US Constitution? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
Is it an error for the trial court to instruct the jury that section 273a, subdivision (1) requires specific intent? (California, United States of America)
Does the Court of Appeal's failure to instruct on involuntary manslaughter constitute a federal constitutional error subject to review? (California, United States of America)
Is there any error or error in an instruction given by the Court in the context of specific intent in the definition of first degree murder? (California, United States of America)
Is it a federal error that crime requires general not specific intent rather than specific intent? (California, United States of America)
What is the difference between the mental state required for a conviction of a specific intent crime and that of those convicted of a general intent crime? (California, United States of America)
Is a federal court's failure to instruct the jury on an element of a sentence enhancement provision a federal constitutional error? (California, United States of America)
Is a federal court's failure to instruct the jury on an element of a sentence enhancement provision a constitutional error? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.