Does a jury have to consider whether defendant entered with intent to commit theft?

California, United States of America


The following excerpt is from People v. Baker, 10 Cal.5th 1044, 274 Cal.Rptr.3d 655, 480 P.3d 49 (Cal. 2021):

Defendant also argues there was insufficient evidence to support the court's instruction that the jury could consider whether defendant entered with intent to commit theft. He does not frame this as a standalone attack on the verdict, perhaps because any error here would obviously be harmless: The exacting Chapman harmlessness standard would not apply (see People v. Guiton (1993) 4 Cal.4th 1116, 11291130, 17 Cal.Rptr.2d 365, 847 P.2d 45 ), and in any event, the rape conviction (with the burglary allegation) and rape special circumstance leave no reasonable doubt that the jury found defendant entered with intent to commit rape.

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