California, United States of America
The following excerpt is from People v. Flood, 18 Cal.4th 470, 76 Cal.Rptr.2d 180, 957 P.2d 869 (Cal. 1998):
19 Cf. People v. DeSantis (1992) 2 Cal.4th 1198, 1224-1225 and footnote 9, 9 Cal.Rptr.2d 628, 831 P.2d 1210 (no error occurred where burglary instruction failed to require jury to find that the structure entered by defendant was a "building," because only one type of structure -- a house -- was shown by the evidence, and no rational trier of fact could have found that a house was not a building; even if error occurred, it was harmless under Chapman because the defendant admitted that element of the offense).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.