Mounsaveng

Between July 1996 and December 1996, appellant, Oday Mounsaveng, participated in five separate criminal undertakings. In the aftermath of this crime spree, appellant was tried by the court and found guilty of one count of first-degree murder (Pen.Code, [1] § 187), 13 counts of robbery (§§ 211 and 212.5), and two counts of attempted robbery (§§ 664, 211 and 212.5). Appellant did not deny his involvement in these crimes. Rather, he asserted that he acted under duress.

Appellant challenges his conviction on the ground that the trial court applied the incorrect burden of proof to his duress defense. The trial court analyzed this defense under a preponderance of the evidence standard, rather than determining whether appellant raised a reasonable doubt that he acted in the exercise of his free will. We hold the federal constitutional standard of review must be applied and, thus, the trial court erred. However, we conclude this error was harmless beyond a reasonable doubt. Therefore, the judgment must be affirmed.

The prosecution's case against appellant encompassed five incidents. The first occurred on July 31, 1996, when appellant and his codefendant, Vaene Sivongxxay,…