Is a failure to give an accomplice instruction under section 1111 harmless?

California, United States of America


The following excerpt is from People v. Villalobos, B275993 (Cal. App. 2018):

Regardless, if the trial court had erred, the failure to give an accomplice instruction was harmless as there was sufficient corroboration to show defendant's connection to the crime. "A trial court's error in instructing on accomplice liability under section 1111 is harmless if the record contains 'sufficient corroborating evidence.' [Citation.] Corroborating evidence may be slight, entirely circumstantial, and entitled to little consideration when standing alone. [Citations.] It need not be sufficient to establish every element of the charged offense or to establish the precise facts to which the accomplice testified. [Citations.] It is 'sufficient if it tends to connect the defendant with the crime in such a way as to satisfy the jury that the accomplice is telling the truth.' [Citation.]" (People v. Valdez (2012) 55 Cal.4th 82, 147-148.)

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