California, United States of America
The following excerpt is from People v. Rios, E050819 (Cal. App. 2012):
the house affects a burglary allegation; and (3) the trial court did not instruct the jury on how to evaluate circumstantial evidence. As set forth ante, defendant's burglary conviction must be reversed. Since the conviction is being reversed, we do not address defendant's ineffective assistance of counsel and circumstantial evidence contentions, because they have been rendered moot. (See People v. Mohammed (2008) 162 Cal.App.4th 920, 934 [not addressing remaining contentions after reversal.].) However, we must still address the substantial evidence issue, because if defendant's contention is correct, then he would be entitled to an acquittal. (People v. Cuccia (2002) 97 Cal.App.4th 785, 789.)
2. In the "Discussion" section of the opinion, a new subsection "C" is inserted as follows:
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