Does the Attorney General have a claim that the trial court erred by failing to provide a written copy of the jury instructions?

California, United States of America


The following excerpt is from People v. Seaton, 110 Cal.Rptr.2d 441, 26 Cal.4th 598, 28 P.3d 175 (Cal. 2001):

Defendant also asserts the trial court should have told the jury it had a right to request written instructions. (See 1093, subd. (f) ["Upon the jury retiring for deliberation, the court shall advise the jury of the availability of a written copy of the jury instructions."].) The Attorney General concedes the court erred, but contends the error was harmless. We agree. The trial court told the jury it would reread the instructions upon request, and when the jury asked the court to reread certain instructions, it did so. The jury expressed no inability to understand the instructions, and deliberated only a day before returning its verdict. It is not reasonably probable that the verdict would have been different if the court had told the jury of its right to ask for written instructions. (People v. Watson (1956) 46 Cal.2d 818, 836, 299 P.2d 243.)

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