Can a jury be found to have found an omitted element in a jury instruction where the jury could not have rationally found the omitted element unproven?
California, United States of America
The following excerpt is from People v. Mitchell, A150156, A150433 (Cal. App. 2019):
We conclude the instructional error was harmless beyond a reasonable doubt. (People v. Jurado (2006) 38 Cal.4th 72, 123 [omission of intent element in jury instruction was harmless beyond a reasonable doubt]; People v. Sakarias (2000) 22 Cal.4th 596, 625 [affirming notwithstanding instructional error where jury "could not have rationally found the omitted element unproven"].)
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