People v. Guiuan

Opinion

MOSK, J.

In this matter, defendant was convicted of offenses including kidnapping and attempted first degree murder with the help of three accomplices. The accomplices testified at trial as witnesses for the prosecution, and the superior court, without objection by defendant, gave the standard instruction cautioning the jurors to view their testimony “with distrust.” The Court of Appeal concluded that the superior court erred in failing sua sponte to tailor the instruction to state that it did not apply to any testimony “favorable” to defendant, but, holding the error harmless, affirmed…