California, United States of America
The following excerpt is from People v. McLaurin, B250278 (Cal. App. 2015):
In determining whether there was prejudice from the unsupported instruction, the entire record should be examined, including the facts and the instructions, the arguments of counsel, any communications from the jury during deliberations, and the entire verdict. (People v. Guiton, supra, 4 Cal.4th at p. 1130.) "[T]he appellate court should affirm the judgment unless a review of the entire record affirmatively demonstrates a reasonable probability that the jury in fact found the defendant guilty solely on the unsupported theory." (Ibid.) We see no such probability here.
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