Is a failure to instruct the jury on all elements of a statute imposing a sentence enhancement prejudicial?

California, United States of America


The following excerpt is from State v. Lee, 102 Cal.Rptr.2d 403, 85 Cal.App.4th 706 (Cal. App. 2000):

"The failure to instruct the jury on all elements of a statute imposing a sentence enhancement is prejudicial 'only where it is reasonably probable that a result more favorable to the defendant would have been reached in the absence of the error.' (People v. Wims (1995) 10 Cal.4th 293, 298 [41 Cal.Rptr.2d 241, 895 P.2d 77].) On review, we examine the entire record, including the facts, instructions, arguments of counsel, communications from the jury during deliberations, and the entire verdict. (Id. at p. 315.)" (People v. Gutierrez, supra, 46 Cal.App.4th at p. 815.)

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