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People v. Merritt

The court’s failure to instruct on the elements of robbery did not require automatic reversal.

Defendant was convicted of two counts of robbery along with gun allegations. However, the trial court failed to give the standard jury instruction on the elements of robbery. Contrary to defendant’s argument, this was not a structural error requiring automatic reversal. The error was harmless here where the attorneys presented the elements of robbery during argument, and defense counsel conceded that whoever committed the crime was guilty of robbery.

____ Cal.5th ____, ____ Cal.Rptr.3d ____, 2017 D.A.R 2586 (2017) March 20, 2017 (S231644)

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