People v. Baratang
| Docket Number | A155108 |
| Decision Date | 22 October 2020 |
Baratang used the debit card belonging to the sister of his father’s wife. The victim suffers from dementia. An officer testified that the total amount taken from her bank account as a result of the transactions was $8,710.44. A jury convicted Baratang of felony theft from an elder under Penal Code section 368(d)
Baratang contends that the court prejudicially erred by instructing the jury it could convict him of felony elder theft based on an identity theft theory regardless of the value of...
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14 cases
- People v. Lizarraga
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People v. Sanchez-Gomez
... ... ( People v. Campbell (2020) 51 ... Cal.App.5th 463, 493.) ... If we ... determine there was an instructional error, we then assess ... whether a reversal is warranted because the erroneous ... instruction was prejudicial. ( People v. Baratang ... (2020) 56 Cal.App.5th 252, 259.) For state law instructional ... error, harmlessness is reviewed under the standard set forth ... in People v. Watson (1956) 46 Cal.2d 818, 836-837 ... ( People v. Flood (1998) 18 Cal.4th 470, 483 & ... fn. 9.) Reversal is ... ...
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People v. Gutierrez
... ... 2, 7 (conc ... opn. of Scalia, J.).) Circumstances that may factor into the ... prejudice calculus include the parties' arguments, ... questions posed by the jury, and the instructions as a whole ... ( Aledamat , at pp. 12, 13-14; People v ... Baratang (2020) 56 Cal.App.5th 252, 263.) ... Alternative-theory error is also harmless where, "based ... on evidence that is overwhelming and uncontroverted," ... the reviewing court is "convinced on appeal, beyond a ... reasonable doubt, that' "the jury verdict would have ... ...
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People v. Munoz
... ... 2, 7 (conc ... opn. of Scalia, J.).) Circumstances that may factor into the ... prejudice calculus include the parties' arguments, ... questions posed by the jury, and the instructions as a whole ... ( Aledamat , at pp. 12, 13-14; People v ... Baratang (2020) 56 Cal.App.5th 252, 263.) ... Alternative-theory ... error is also harmless where, "based on evidence that is ... overwhelming and uncontroverted," the reviewing court is ... "convinced on appeal, beyond a reasonable ... doubt, that' "the jury ... ...
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