What is the effect of the error in the instruction on the reasonable theory of innocence?

California, United States of America


The following excerpt is from People v. Becerra, E061398 (Cal. App. 2015):

Furthermore, any instructional error was harmless. Although CALJIC No. 2.01 would have informed the jurors of the reasonable theory of innocence (People v. Lewis (1963) 217 Cal.App.2d 246, 258), the same principle was presented by the instructions on the standard of beyond a reasonable doubt, believability of witnesses, willfully false witnesses, weighing conflicting testimony, and opinion testimony of lay witnesses. Based on all of these instructions, including the general circumstantial evidence instruction, the jury was fairly advised how to evaluate circumstantial evidence and was instructed to draw reasonable inferences and weigh the competing inferences from the

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