95 Cal. Daily Op. Serv. 8267, 95 Daily Journal D.A.R. 14,277 Cedric Roshawn Harmon v. Charles D. Marshall, Warden of Pelican Bay State Prison Daniel E. Lungren, Attorney General of the State of California

69 F.3d 963 95 Cal. Daily Op. Serv. 8267 , 95 Daily Journal D.A.R. 14,277 Cedric Roshawn HARMON, Petitioner-Appellee, v. Charles D. MARSHALL, Warden of Pelican Bay State Prison; Daniel E. Lungren, Attorney General of the State of California, Respondents-Appellants. No. 94-55733. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1995. Decided June 9, 1995. Amended Opinion Oct. 24, 1995. Janet E. Burns, Deputy Attorney General, Los Angeles, California, for respondent-appellant. Andrew E. Rubin, Washington, D.C., for petitioner-appellee. Appeal from the United States District Court for the Central District of California. Before BROWNING, D.W. NELSON and HAWKINS, Circuit Judges. PER CURIAM: 1 We are called upon to determine whether the complete failure to instruct a jury in a criminal case with respect to a particular offense requires automatic reversal of a conviction on collateral review. At the outset, we emphasize that this case does not involve the failure to instruct on a single element of an offense, but the failure to instruct on any element of a particular offense. As did the district court, we conclude that the failure to give the jury any…