People v. Merritt

After a jury trial, Defendant was convicted of two counts of robbery. The jury found true allegations that Defendant personally used a firearm during both robberies. On appeal, Defendant argued that the trial court committed reversible error by failing to instruct the jury on the elements of robbery. The Attorney General conceded the error but argued that it was harmless beyond a reasonable doubt. The Court of Appeal reversed, concluding that the error was reversible per se. The Supreme Court reversed, holding (1) under the circumstances of this case, the trial court’s failure to give the standard jury instruction on the elements of robbery was not reversible per se but was reversible unless harmless beyond a reasonable doubt; and (2) the error in this case was harmless beyond a reasonable doubt. View "People v. Merritt" on Justia Law