California, United States of America
The following excerpt is from People v. Al Lammers, B276229 (Cal. App. 2018):
Accordingly, we conclude the People have not established beyond a reasonable doubt that the error was harmless. (See People v. McDonald (1984) 37 Cal.3d 351, 376, overruled on other grounds by People v. Mendoza (2000) 23 Cal.4th 896 ["An error that impairs the jury's determination of an issue that is both critical and closely balanced will rarely be harmless."].)
1.5. The instructional error was harmless as to counts 2 and 5.
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