People v. Wims

Opinion

WERDEGAR, J.

In this case we decide what standard a reviewing court must apply when deciding whether a trial judge’s failure to instruct the jury as to the factual elements necessary to support a sentence enhancement for use of a deadly and dangerous weapon, under Penal Code section 12022, subdivision (b),1 is prejudicial. Section 12022(b) imposes an additional term of one year upon “[a]ny person who personally uses a deadly or dangerous weapon in the commission or attempted commission of a felony.”2 We conclude that failure to instruct the jury as to all of the elements of section…