Skip to content
Name: People v. Bailey
Case #: B275818
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 09/20/2018

Trial court erred by recording a guilty verdict after one juror orally disagreed with the verdict. At Bailey's trial for driving under the influence of drugs and alcohol, the jury returned verdict forms finding him guilty of all counts. When defense counsel asked the court to poll the jurors, the clerk asked each juror if the verdict represented his or her individual verdict. Juror No. 4 said no. The court followed up: "Okay. It is not your—so you did not intend to vote guilty as to count 1?" Juror No. 4 replied, "yes." After polling the remaining jurors, the court…

View Full Summary
Name: People v. Brown
Case #: G049867
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/04/2016

Reversal was required for error under People v. Chiu (2014) 59 Cal.4th 155 because Court of Appeal could not conclude beyond a reasonable doubt that jury rejected natural and probable consequences doctrine as basis for first degree murder conviction. Brown was charged with first degree murder in connection with a gang fight that turned into a fatal shooting. The jury was instructed on three first degree murder theories: (1) Brown was the actual killer, (2) he aided and abetted the actual killer with the intent to kill, and (3) he aided and abetted fighting and a first degree murder was…

View Full Summary
Name: People v. Solis
Case #: B244487
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 01/06/2015

Defendant charged with one strike offense may be convicted of two lesser related, uncharged strike offenses where parties agreed to have trial court instruct on the lesser related offenses. Solis was charged with numerous offenses, including attempted first degree murder. With the express agreement of both the prosecution and the defense, the court also instructed the jury on a number of lesser related, uncharged offenses, including mayhem and assault with a deadly weapon. The jury found Solis not guilty of attempted murder, but guilty of mayhem and assault with a deadly weapon, both as lesser offenses. The appellate court…

View Full Summary
Name: People v. Jones
Case #: F066467
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/06/2014

Verdict finding defendant guilty of first degree murder "as charged in . . . the information" satisfied the requirement that the jury expressly find the degree of the crime even though the information charged generic murder without specifying the degree. Following a jury trial, Jones was convicted of first degree murder and second degree robbery. Count one of the information had charged that "the crime of murder, in violation of Penal Code section 187(a), a felony, was committed by [defendant], who did unlawfully, and with malice aforethought murder" the victim. The jury returned a verdict finding Jones "Guilty…

View Full Summary
Name: People v. Solis
Case #: B244487
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 03/07/2014
Subsequent History: Review granted 6/11/2014: S217702

The jury improperly convicted defendant of two uncharged lesser related offenses based on one charged offense. At 1:00 a.m., Solis climbed through a bedroom window of the home of his former girlfriend and stabbed her about 20 times with a screwdriver, inflicting numerous injuries, including a life-threatening wound to her carotid artery. Among other offenses, he was charged with attempted premeditated murder. At a jury trial, the court instructed on uncharged lesser offenses. The jury acquitted Solis of the attempted murder charge but found appellant guilty of the uncharged lesser related offenses of mayhem (Pen. Code, § 203) and assault…

View Full Summary
Name: People v. Aranda
Case #: E056708
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 09/12/2013
Subsequent History: Review granted 12/18/13: S214116

The partial acquittal rule of Stone v. Superior Court (1982) 31 Cal.3d 503, survives in California criminal prosecutions notwithstanding the decision in Blueford v. Arkansas (2012) 132 S.Ct. 2044. Aranda was tried for murder. The jury was instructed on first degree murder as well as the lesser offenses of second degree murder and manslaughter. The jury was given guilty verdict forms for each offense but only one not guilty form. After deliberating for days the jury could not reach a verdict on all counts but did agree Aranda was not guilty of first degree murder. Defense counsel asked the court…

View Full Summary
Name: People v. Sullivan
Case #: B237734
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/17/2013

Double jeopardy bars a retrial on a substantive offense when jurors reached a verdict on the substantive offense but deadlocked as to an enhancement. Sullivan was charged with robbery and assault likely to produce great bodily injury (GBI). It was also alleged that he inflicted GBI in violation of section 12022.7. The jury reached a verdict on the substantive assault charge, but was unable to reach a verdict on whether Sullivan had actually inflicted GBI. The trial court concluded that it could not take a verdict on the substantive offense without the enhancement, and declared a mistrial.…

View Full Summary
Name: People v. Anzalone
Case #: S192536
Court: CA Supreme Court
District CalSup
Opinion Date: 04/15/2013

Under Penal Code section 1149, the jury must be queried as to whether they have agreed upon a verdict, but failure to follow this procedure does not constitute structural error. After deliberating the jury informed the bailiff they had reached a verdict and then returned to the courtroom. On the court's direction, the verdict forms were handed to the clerk who read the verdict. On appeal, the appellate court agreed with appellant's contention that the court's failure to comply with section 1149 violated his state constitutional right to a unanimous verdict and reversed. The Supreme Court here reversed the Court…

View Full Summary
Name: People v. Gonzalez
Case #: D059713
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/27/2012
Subsequent History: Review granted 2/27/2013: S207830

Where defendant was convicted of the same sex offense twice based on a single act, the two offenses must be consolidated into one offense. Appellant was convicted of committing various sex acts on a woman who was unconscious due to intoxication. Appellant alleged he should not have been convicted of both oral copulation of an unconscious person (Pen. Code, § 288a, subd. (f)) and oral copulation of an intoxicated person (Pen. Code, § 288a, subd. (i)) based on a single act. Held: Offenses consolidated. The subdivisions of section 288a specify various circumstances under which oral copulation is unlawful. Appellant was…

View Full Summary
Name: People v. Garcia
Case #: G044232
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 03/20/2012

The defendant is denied a unanimous verdict when one of the 12 jurors has been excused and is not present for the oral rendition of the verdict. The trial court was unaware that the deliberating jury had reached verdicts on six out of seven charges when Juror No. 181 was excused from the deliberating jury by the court outside the presence of the attorneys. The next morning, when the alternate was seated, the jury provided the verdicts which were placed under seal. When the newly constituted jury returned the last, single verdict, they were polled for that verdict. Also, the…

View Full Summary