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PEOPLE v. PHILLIPS

Docket No. B107076.

59 Cal.App.4th 952 (1997)

THE PEOPLE, Plaintiff and Respondent, v. DAVID PHILLIPS, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

December 3, 1997.

Attorney(s) appearing for the Case

COUNSEL

Sharon M. Jones, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Susan D. Martynec and Rama R. Maline, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GILBERT, J.

In this criminal case the trial court did not define reasonable doubt. Nor did it instruct the jury about the defendant's presumption of innocence, or the People's burden to prove guilt beyond a reasonable doubt. The trial court's omission constitutes a structural constitutional defect and compels reversal per se.

David Phillips appeals from the judgment...

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