Summary
stating that under California law intent of jury, not physical verdict form, is determinative of validity of conviction; and applying Brecht to find that, where trial court erred by giving wrong verdict form to jury, error was harmless because both counsel and judge referred to correct charge throughout trial and jury was properly instructed
Summary of this case from Silva v. McDonaldOpinion
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
RONALD S.W. LEW, Senior District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of United States Magistrate Judge. Petitioner has not filed any written objections to the Report. The Court accepts the findings and recommendations of the Magistrate Judge.