Elguera

Jose Elguera appeals his conviction for possessing a sharp instrument while confined in state prison (Pen. Code, § 4502). He seeks reversal on the ground the trial court omitted the standard instruction on the presumption of innocence and the prosecution’s burden of proof beyond a reasonable doubt (CALJIC No. 2.90 (5th ed. 1988 bound vol.)) from its predeliberation charge to the jury. Although many of the circumstances in this case suggest the jury, at the deliberation stage, was aware of the presumption of innocence and the prosecution’s burden of proof beyond a reasonable doubt, we are not persuaded the court’s failure to repeat CALJIC No. 2.90 in the final charge was harmless beyond a reasonable doubt. (Chapman v. California (1967) 386 U.S. 18, 24 [ 17 L.Ed.2d 705, 710 , 87 S.Ct. 824 , 24 A.L.R.3d 1065 ]; People v. Vann (1974) 12 Cal.3d 220, 228 [ 115 Cal.Rptr. 352 , 524 P.2d 824 ].) Rather, we conclude there is a reasonable possibility the omission left one or more jurors without a sufficiently clear definition of “reasonable doubt” against which to measure the doubts that could have been raised by the defense case. We therefore reverse the conviction.

Facts

While…