California, United States of America
The following excerpt is from People v. Marauvel-Morales, G045269 (Cal. App. 2012):
Even were we to characterize the court's refusal to give the requested modifications as error, and even if we were to agree that the error affected defendant's federal constitutional rights, we nevertheless would not conclude that the error was reversible error. "An instructional error that improperly describes or omits an element of the crime from the jury's consideration is subject to the 'harmless error' standard of review set forth in Chapman v. California (1967) 386 U.S. 18, 24. [Citation.] We thus consider whether it appears beyond a reasonable doubt that the instructional error did not contribute to the jury's verdict. [Citation.]" (People v. Lamas (2007) 42 Cal.4th 516, 526.)
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