What is the standard for determining whether a jury would have convicted a defendant of simple kidnapping rather than a federal criminal offence?

Defendant argues that we should apply the stricter harmless-beyond-a-reasonable doubt standard for federal constitutional error. (See People v. Prince, supra, 40 Cal.4th at p. 1267 [recognizing there may be circumstances where failure to instruct on lesser included offenses creates federal constitutional error].) Even under this standard, the record shows no reasonable possibility the jury might have selected the lesser offense of simple kidnapping rather than kidnapping during carjacking.

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