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Name: People v. Wolfe
Case #: E032675
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/11/2003
Subsequent History: 2/24/04 request to depublish den.

Appellant was found guilty of possessing a firearm with a qualifying misdemeanor, and sentenced to probation. In this opinion, the appellate court held that the trial court erred by failing to give a unanimity instruction (e.g., CALJIC 17.01.) The circumstances surrounding the possessions were significantly different. Some jurors may have found appellant possessed one weapon on one date; others may have found a different weapon on a different date. However, there is a split of opinion on the applicable harmless error standard. The appellate court here agreed with People v. Deletto, and found that the federal constitutional Chapman standard applied. Under that standard, the error was harmless beyond a reasonable doubt, and therefore reversal was not required.