P. v. Zoltan
A jury convicted Joshua Santos Zoltan of one count of first degree burglary (Pen. Code, 459, 460, subd. (a)). The trial court sentenced Zoltan to the midterm sentence of four years in prison.
We reverse. The trial court erred by giving CALCRIM No. 301 (single witness testimony) without modifying it to address the situation in which an accomplice offers exculpatory testimony. The error was subject to the standard of Chapman v. California (1967) 386 U.S. 18 (Chapman) because it had the effect of altering the burden of proof, and was prejudicial under that standard.
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