Is a jury's failure to instruct the jury about the elements of drug sales a harmless error beyond a reasonable doubt?

California, United States of America


The following excerpt is from People v. Martinez, E054025 (Cal. App. 2013):

We also conclude that any error in not instructing the jury about the elements of drug sales was harmless. Although defendant did not request such an instruction from the trial court, the court did instruct the jury on murder and assault with a deadly weapon. The prosecution needed to prove only one primary gang activity. In this case, the jury was instructed on murder as a primary activity of the gang and also instructed on the elements of murder. In light of the gang expert's unchallenged testimony about murder, failure to instruct on the elements of drug sales was harmless error beyond a reasonable doubt. (People v. Sengpadychith, supra, 26 Cal.4th at p. 326.)

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