California Court of Appeal

Conviction and sentencing of defendant on armed robbery and other related offense are upheld where the trial court's charge that the lack of evidence showing that the gun used by the defendant was a real gun does not create a reasonable doubt as a matter of law, impermissibly lightened the prosecution's burden of proof, even though the error was harmless under Chapman v. California.

Appellate Information

• Decided 12/22/2011
• Published 12/22/2011

Judges

• Kline

Court

• California Court of Appeal

Counsel