California, United States of America
The following excerpt is from People v. Cooke, F072103 (Cal. App. 2017):
of sex crimes against two children but found not true enhancement allegations that multiple victims were involved; trial court impermissibly invited jury to reconsider not true findings and allowed jurors to deliberate anew]; Bigelow v. Superior Court (1989) 208 Cal.App.3d 1127, 1129, 1133, 1135 [jury acquitted defendant of murder, but found true special circumstance allegations; by denying defendant's motion to receive and record verdict and sending jury out for further deliberations, trial court improperly directed jury to reconsider verdict of acquittal].)
"The touchstone of a jury verdict of acquittal is the jury's manifestation of a definite and final intent to acquit of the offense. [Citations.] [] . . . Once it is clear that the jury's intent is to acquit, the form of the verdict is not important; it is the intention to acquit that triggers the mandatory duty to receive and record the verdict and acquit the prisoner. 'The record ends with the finding of the jury not guilty.' [Citation.]" (Bigelow v. Superior Court, supra, 208 Cal.App.3d at p. 1134.)
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