Jones
People v. Jones
Opinion
Lead Opinion
Miller, J.
*319 A jury found defendant Eric A. Jones guilty of multiple counts of second degree burglary of a vehicle and additional offenses arising from a series of car break-ins throughout San Francisco that occurred over a 17-month period.
The trial court instructed the jury that if it found Jones committed one or more of the charged auto burglaries (along with one uncharged auto burglary) by a preponderance of the evidence, it could consider that evidence in deciding identity and intent to commit theft for the other charged crimes. The instruction reminded the jury that the prosecution had to prove each charge beyond a reasonable doubt.
Jones contends this instruction had the effect of lowering the prosecution's burden of proof, and was structural error requiring automatic reversal under *111 People v. Cruz (2016) 2 Cal.App.5th 1178 , 206 Cal.Rptr.3d 835 ( Cruz ). We conclude the challenged instruction should not have been given, but there was no structural error. We further conclude any error in giving the instruction was harmless, and therefore we affirm.