In re Lopez

Summary

The court held that instructional error from presenting a legally invalid natural-and-probable-consequences theory alongside valid theories is subject to the ordinary beyond-a-reasonable-doubt harmless-error standard. A gang-murder special-circumstance finding, standing alone, does not establish every element of direct aiding and abetting first degree murder, and indications that the jury considered the invalid theory do not automatically require reversal. The court reversed the Court of Appeal and remanded for it to reconsider harmlessness under the proper standard.