What is the standard for harmless error when there is an error in an educational guide to the statute of limitations?

California, United States of America


The following excerpt is from The People v. Lucena, C059767, C064415, No. 04F10845 (Cal. App. 2010):

The standard for harmless error when there is an error in instructing on the statute of limitations is subject to some dispute; the People do not address it. People v. Stanfill (1999) 76 Cal.App.4th 1137, at pages 1153-1154, found error in instructing on an element of the statute of limitations is subject to the standard of harmless error beyond a reasonable doubt. People v. Smith (2002) 98 Cal.App.4th 1182 (hereafter Smith) held the error is harmless unless it is reasonably probable the defendant would have achieved a more favorable result absent the error. (Id. at p. 1193.)

We need not decide which standard is correct because we find the error prejudicial under either standard.

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