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.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.