Does the error in CALCRIM No. 875 in defining a deadly weapon constitute a harmless beyond a reasonable doubt?

California, United States of America


The following excerpt is from People v. Love, C090411 (Cal. App. 2020):

Put another way, given the weight of the evidence and testimony focusing on how defendant used the box cutter, the arguments of both counsel, and the fact the People did not even mention the invalid theory, any error in not omitting the language concerning an "inherently deadly" weapon when defining a "deadly weapon" was harmless beyond a reasonable doubt. We are persuaded beyond a reasonable doubt the error in CALCRIM No. 875 was unimportant in relation to everything else the jury considered. (People v. Brown (2012) 210 Cal.App.4th 1, 13-14.)

Invoking People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas), defendant contends the trial court violated due process principles by imposing costs that it believed were mandatory, and therefore, the matter should be remanded for a determination of his ability to pay the costs. We disagree.

Other Questions


Does the error in failing to modify CALCRIM No. 301 constitute a harmless beyond a reasonable doubt? (California, United States of America)
What is the federal harmless error standard for determining that an error was harmless beyond a reasonable doubt? (California, United States of America)
If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)
Does the placement of C.C. 1190 of the Criminal Code constitute a constitutional error requiring reversal unless lack of prejudice is shown beyond a reasonable doubt? (California, United States of America)
Does the placement of C.C. 1190 of the Criminal Code constitute a constitutional error requiring reversal unless lack of prejudice is shown beyond a reasonable doubt? (California, United States of America)
What is the requirement in criminal cases that constitutional error be found harmless beyond a reasonable doubt? (California, United States of America)
Does the prosecution error regarding the destruction of a key sheet from a photo lineup of alleged carjacks and carjacking victims constitute harmless beyond a reasonable doubt? (California, United States of America)
Does the error in the form used in the on or around verdict form in a motor vehicle accident case constitute a harmless beyond a reasonable doubt? (California, United States of America)
Does a trial court error of inadequately warning a defendant of the pitfalls and hazards involved in self-representation constitute harmless beyond a reasonable doubt? (California, United States of America)
What is the requirement in criminal cases that constitutional error be found harmless beyond a reasonable doubt? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.