When a defendant's extrajudicial statements form part of the prosecution's evidence, does the trial court have to instruct sua sponte that a finding of guilt cannot be predicated on the statements alone?
California, United States of America
The following excerpt is from The People v. Lopez, F057870, Super. Ct. No. VCF205557 (Cal. App. 2010):
When a defendant's extrajudicial statements form part of the prosecution's evidence, the trial court must instruct sua sponte that "a finding of guilt cannot be predicated on the statements alone. [Citations.]" (People v. Alvarez, supra, 27 Cal.4th at p. 1170, fn. omitted.)1 The trial court's failure to so instruct is harmless error if "it does
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