Cortinas v. State

OPINION

By the Court,

Parraguirre, J.:

The primary issue we address in this appeal is whether harmless-error review applies when a general verdict based on multiple theories of liability may rest on a legally invalid alternative theory. To resolve this issue, we must address relevant federal cases and reconcile two prior decisions by this court.

The United States Supreme Court first addressed the impact of a general verdict that may rest on a legally valid or a legally invalid alternative theory of liability in Stromberg v. California, in which the Court held that a general verdict delivered…