is the constitutional magnitude of the error that defies “harmless error review.” Neder v. United States, 527 U.S. 1, 8 [119 S.Ct. 1827, 1833, 144 L.Ed.2d 35] (1999). Examples of errors which affect the framework of a trial include the denial of a public trial, the denial of counsel, the denial of an impartial trial judge, the systematic exclusion of members of the defendant’s race from the grand jury, the infringement upon a defendant’s right to represent himself, and the improper instruction to a jury as to reasonable doubt and the burden of proof. See Johnson v. United States, 520 U.S. 461, 466-67 [117 S.Ct. 1544, 1548-49, 137 L.Ed.2d 718] (1997) (discussion of “limited class of cases” in which structural error found); Green v. Young, 264 Va. 604, 611-12, 571 S.E.2d 135, 140 (2002) (<HOLDING>). Id. at 192, 613 S.E.2d at 556. Conversely,
holding in the context of a sexual assault charge that the state was required to prove beyond a reasonable doubt the first basic and essential element of the offense namely that an act of intercourse involving the victim had occurred and further stating that that fact had to be proved even if the defendant was not disputing that particular element of the offense holding an instruction stating the jury shall find the defendant guilty if the commonwealth failed to prove each element beyond a reasonable doubt to be structural error holding that failure of trial court to instruct jury that state must prove beyond reasonable doubt killing was not committed in heat of passion required reversal of murder conviction even though there was general charge that state was required to prove each element of offenses beyond reasonable doubt holding that a jury instruction directing the verdict on one element deprived defendant of the right to a jury determination on every element of the charged offense and thus constituted structural error holding the state failed to meet its burden of showing the erroneous jury instruction was harmless beyond a reasonable doubt where it did not address the issue on appeal