When a court errs by giving an irrelevant or inapplicable instruction that has no application to the facts of the case?

Even if the instruction was inapplicable under the facts, the court's error in giving it was harmless. "[G]iving an irrelevant or inapplicable instruction is generally ' "only a technical error which does not constitute ground for reversal." ' [Citation.]" (People v. Cross (2008) 45 Cal.4th 58, 67.) When a court errs by giving a correct instruction that has no application to the facts of the case, the error "does not appear to be of federal constitutional dimension . . . . [] The error is therefore one of state law subject to the

Page 12