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True Finding on Gang-Killing Special Circumstance and Chiu Error / Harmless Error Review

(1) Does a true finding on a gang-killing special circumstance (Pen. Code, 190.2, subd. (a)(22)) render Chiu error (People v. Chiu (2014) 59 Cal.4th 155) harmless? (2) To what extent or in what manner, if any, may a reviewing court consider the evidence in favor of a legally valid theory in assessing whether it is clear beyond a reasonable doubt that the jury based its verdict on the valid theory, when the record contains indications that the jury considered the invalid theory? (See People v. Aledamat (2019) 8 Cal.5th 1.) (In re Lopez (Sept. 25, 2019, A152748) [nonpub. opn.], review granted 1/15/2020 (S258912).)

Updated: 1/15/2020

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