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Name: People v. Lobato
Case #: F040408
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 06/11/2003
Subsequent History: None

The court rejected the contention that a verdict form which specified that a defendant had “substantial involvement” in a conspiracy to commit a certain drug offense before a drug weight enhancement under Health and Safety Code section 11370.4, subdivision (b)(2) could be imposed. The court held that as long as the jury was properly instructed that it must find beyond a reasonable doubt that the defendant was substantially involved in the conspiracy, no special finding on that point was required.