What is the test for determining whether a jury found that appellant was speeding while driving under the influence?
California, United States of America
The following excerpt is from People v. Soledad, 190 Cal.App.3d 74, 235 Cal.Rptr. 208 (Cal. App. 1987):
Thus, contrary to the People's argument, it cannot be said "The jury in fact found that appellant was speeding while driving under the influence." We must further reject the People's contention the instructional error was harmless beyond a reasonable doubt. (Chapman v. California (1967) 386 U.S. 18, 24, 87 S.Ct. 824, 828, 17 L.Ed.2d 705.)
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