Is there any case law where a trial court provided conflicting instructions that effectively negated one of the elements necessary to convict a defendant of arranging a meeting with a minor for lewd purposes?
California, United States of America
The following excerpt is from People v. Cohn, B233515 (Cal. App. 2013):
Cohn contends that the trial court erred when it provided conflicting instructions that effectively negated one of the elements necessary to convict him of arranging a meeting with a minor for lewd purposes in violation of section 288.4. "'[A]ssertions of instructional error are reviewed de novo.'" (People v. Lamer (2003) 110 Cal.App.4th 1463, 1469.)
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