Does the failure of evidence and instruction regarding count 4 constitute prejudicial instructional errors?
California, United States of America
The following excerpt is from People v. Riley, D071449 (Cal. App. 2018):
We have rejected the claims of prejudicial instructional errors as discussed ante. The only conceded error is with respect to count 4. The failure of evidence and instruction regarding count 4 does not require reversal of the judgment as to count 1. (People v. Hughes (2002) 27 Cal.4th 287, 406-407.)
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