Is a trial court's failure to instruct on the law of accomplices harmless?

California, United States of America


The following excerpt is from People v. Nersesyan, C085094 (Cal. App. 2019):

But a trial court's failure to instruct on the law of accomplices is harmless if there is sufficient corroborating evidence in the record. (See People v. Avila (2006) 38 Cal.4th 491, 562.) "To corroborate the testimony of an accomplice, the prosecution must present 'independent evidence,' that is, evidence that 'tends to connect the defendant with the crime charged' without aid or assistance from the accomplice's testimony. [Citation.] Corroborating evidence is sufficient if it tends to implicate the defendant and thus relates to some act or fact that is an element of the crime. [Citations.] ' "The corroborative evidence may be slight and entitled to little consideration when standing alone." [Citation.]' [Citation.]" (Id. at pp. 562-563.)

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