California, United States of America
The following excerpt is from People v. Harper, A153332 (Cal. App. 2021):
Although the instruction broadly referred to allegations and did not specify special circumstances or the other enhancements, the jury received numerous instructions that delineate these allegations. (See CALCRIM No. 704 [discussing special circumstance allegation]; CALCRIM No. 1401 [discussing the additional allegation that the defendant committed the crime for the benefit of... a criminal street gang]; CALCRIM No. 3149 [discussing the additional allegation that the defendant personally and intentionally discharged a firearm during that crime causing great bodily injury or death]; CALCRIM No. 1402 [discussing the additional allegation regarding gang-related firearm enhancement].) In considering the instructions as a whole, we conclude there is no reasonable likelihood the jury was confused or led astray by the failure to delineate the specific allegations in CALCRIM No. 336. (See, e.g., People v. Brooks (2017) 3 Cal.5th 1, 76 [holding failure to cross-reference definitions of arson and kidnapping in felony-murder case did not warrant reversal].)
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