California, United States of America
The following excerpt is from People v. Garcia, B293737 (Cal. App. 2020):
As the Attorney General concedes, a knife is not an "inherently deadly weapon." (People v. Aledamat, supra, 8 Cal.5th at pp. 6-7 ["Because a knife can be, and usually is, used for innocent purposes, it is not among the few objects that are inherently deadly weapons" and a trial court thus errs "in presenting the jury with two theories by which it could find [the knife] a deadly weapon: (1) inherently or (2) as used. The first theory (inherently) is incorrect, but the second theory (as used) is correct"].) Thus, it was error to instruct the jury that it could find defendant guilty of assault with a deadly weapon if it found the knife to be an inherently deadly object, instrument, or weapon.
Having held that the trial court erroneously instructed the jury, we must determine whether the error was prejudicial. We review for prejudice under the Chapman4 harmless error test. (People v. Aledamat, supra, 8 Cal.5th at p. 13.) Under that test,
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we "must reverse the conviction unless, after examining the entire cause, including the evidence, and considering all relevant circumstances, [we] determine[] the error was harmless beyond a reasonable doubt." (People v. Aledamat, supra, 8 Cal.5th at p. 3.)
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