What is the test for reducing a murder conviction from first degree to second degree due to instructional error?
California, United States of America
The following excerpt is from People v. Reyes, G049842 (Cal. App. 2015):
Relying on another case that was decided after he was tried - People v. Chiu (2014) 59 Cal.4th 155 (Chiu) - Reyes contends his murder conviction must be reduced from first to second degree, due to instructional error. Although instructional error did occur, we believe it was harmless under the circumstances presented in this case.
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