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PEOPLE v. MERRITT

No. S231644.

2 Cal.5th 819 (2017)

THE PEOPLE, Plaintiff and Respondent, v. ANDRE MERRITT, Defendant and Appellant.

Supreme Court of California.

March 20, 2017.

Attorney(s) appearing for the Case

John L. Dodd , under appointment by the Supreme Court, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Kathleen A. Kenealy , Acting Attorney General, Gerald A. Engler , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Arlene A. Sevidal , Steven T. Oetting , Meredith White and Christen Somerville , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

A jury convicted defendant Andre Merritt of two counts of robbery and found true allegations that he personally used a firearm during both robberies. However, the trial court failed to give the standard jury instruction on the elements of robbery. The failure to instruct on the elements of a charged crime is serious...

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