People v. Diaz
Annotate this CaseAfter a jury trial, Defendant was found guilty of one count of willful, deliberate, and premeditated attempted murder and three counts of threatening to commit a crime resulting in death or great bodily injury. During trial, the court admitted certain out-of-court statements made by Defendant that formed the basis of the prosecution for making criminal threats. Defendant appealed, arguing that the trial court erred by not instructing the jury to consider Defendant’s out-of-court statements with caution, despite Defendant’s failure to request such an instruction. The Court of Appeal affirmed, concluding that any error in omitting the instruction was harmless in light of other instructions the jury received and the evidence presented. The Supreme Court affirmed, holding (1) the cautionary instruction is applicable when the out-of-court statements at issue are criminal threats, and the trial court is not required to give such an instruction sua sponte; and (2) the omission of the cautionary instruction in this case was harmless.
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