California v. Jones

A jury found defendant Eric 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 argued on appeal this instruction had the effect of lowering the prosecution’s burden of proof, and was structural error requiring automatic reversal. The Court of Appeal concluded the instruction should not have been given, but there was no structural error. Any error in giving the instruction was harmless. View "California v. Jones" on Justia Law