California, United States of America
The following excerpt is from The People v. Lucena, C059767, C064415, No. 04F10845 (Cal. App. 2010):
The standard for harmless error when there is an error in instructing on the statute of limitations is subject to some dispute; the People do not address it. People v. Stanfill (1999) 76 Cal.App.4th 1137, at pages 1153-1154, found error in instructing on an element of the statute of limitations is subject to the standard of harmless error beyond a reasonable doubt. People v. Smith (2002) 98 Cal.App.4th 1182 (hereafter Smith) held the error is harmless unless it is reasonably probable the defendant would have achieved a more favorable result absent the error. (Id. at p. 1193.)
We need not decide which standard is correct because we find the error prejudicial under either standard.
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