Does a mistake in failing to instruct the jury that a defendant's memory in recounting events may have been impaired by intoxication affect his substantial rights?
California, United States of America
The following excerpt is from People v. Kumar, C074620 (Cal. App. 2019):
Based on our review of the evidence, we conclude any error in failing to instruct the jury that defendant's memory in recounting the events may have been impaired by intoxication was harmless. Since the error was harmless, it could not have affected his substantial rights. (People v. Franco, supra, 180 Cal.App.4th at p. 720.)
3. CALCRIM No. 226
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