Error and/or relief
The deadly weapon enhancement attached to the attempted carjacking in count two must be reversed due to instructional error.
First Holding:
The trial court committed error (known as alternative theory error) by presenting the jury with two theories by which it could find a knife to be a deadly weapon: (1) inherently or (2) as used. The first theory (inherently) is incorrect, but the second theory (as used) is correct. Because a knife can be, and usually is, used for innocent purpose, it is not among the few objects that are inherently deadly weapons
Authority:
People v. Aledamat (2019) 8 Cal.5th 1, 6
Second Holding:
When alternative theory error occurs, the reviewing court must reverse the conviction unless, after examining the entire cause, including the evidence, and considering all relevant circumstances, it determines the error was harmless beyond a reasonable doubt.
Authority:
People v. Aledamat (2019) 8 Cal.5th 1, 13
Chapman v. California (1967) 386 U.S. 18