Crawford
People v. Crawford
Opinion
Opinion
Haerle, J.
I. Introduction
Brad Earl Crawford (appellant) was charged by information with robbery (Pen. Code, §211) second degree burglary (§459), two counts of petty theft with a prior based on a burglary in Oregon (§ 666), resisting a police officer, a misdemeanor (§ 148), and possession of a hypodermic syringe, a misdemeanor (Bus. & Prof. Code, § 4149). The robbery count also alleged an enhancement for use of a deadly weapon (§ 12022, subd. (b)). The jury returned verdicts of guilty on all counts but found that appellant did not use a deadly or dangerous weapon in the robbery. Appellant was sentenced to a five-year term for robbery and to three consecutive eight-month terms each on the burglary and petty thefts.
We must decide on the standard of review for assessing prejudice for the trial court’s failure to instruct on the presumption of innocence and on the prosecution’s burden of proof beyond a reasonable doubt (CALJIC No. 2.90). We conclude that the failure to instruct on these fundamental principles is constitutional error that requires per se reversal of the judgment and that it is also prejudicial error requiring reversal under any standard.