Is there any error in the way the jury was instructed to interpret the word "unlawful" rather than "attempted"?

California, United States of America


The following excerpt is from People v. Rodriguez, A152662 (Cal. App. 2018):

Even if any error were shown, defendant fails to demonstrate prejudice or that, but for counsel's alleged errors, the result of the proceedings would have been different. (Rogers, supra, 39 Cal.4th at p. 861, citing Strickland v. Washington (1984) 466 U.S. 668, 693-694.) The trial court stated on the record that it had made some errors in orally instructing the jury, and indicated it was giving the jury a written version of the corrected jury instructions. Indeed, the court's oral misstatement that count 1 was an "unlawful taking" rather than an "attempted unlawful taking" would have inured to defendant's benefit. In sum, defendant has failed to demonstrate either error or prejudice.

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