California, United States of America
The following excerpt is from People v. Capitani, D072193 (Cal. App. 2018):
In making this determination, we do not merely review the record for substantial evidence; rather, we must " 'conduct a thorough examination of the record. If, at the end of that examination, the court cannot conclude beyond a reasonable doubt that the jury verdict would have been the same absent the errorfor example, where the defendant contested the omitted element and raised evidence sufficient to support a contrary findingit should not find the error harmless.' " (People v. Mil (2012) 53 Cal.4th 400, 417 (Mil), quoting Neder v. United States (1999) 527 U.S. 1, 19, italics added.)
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