California, United States of America
The following excerpt is from People v. Fallon, B251619, B259093 (Cal. App. 2014):
We first consider the failure to inform the jury that the prosecution has the burden to prove all elements of all offenses beyond a reasonable doubt. We consider this on a count by count basis. (People v. Aranda, supra, 55 Cal.4th at p. 358.) That is, a court might instruct that the elements of some offenses must be established beyond a reasonable doubt while failing to give a similar instruction with respect to other offenses. Here, the error affects all of the offenses, but none of the sentence enhancement allegations. The jury was instructed that the prosecution had to prove the following enhancement allegations beyond a reasonable doubt: (1) the attempted murder was premediated (CALJIC No. 8.67); (2) the criminal threats and assaults with
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