Does a jury's inability to reach a unanimous verdict on the spousal battery count mean the jury did not find defendant to have broken the victim's nose by hitting her in the face?

California, United States of America


The following excerpt is from People v. Villagran, E059844 (Cal. App. 2015):

4. The jury's inability to reach a unanimous verdict on the spousal battery count does not mean it found defendant did not break the victim's nose by hitting her in the face. As we indicated ante, the jury received instructions that defendant should not be convicted if he acted in self-defense. Because we must presume every fact that supports the judgment (People v. Davis, supra, 10 Cal.4th 463, 509), and because a finding that defendant injured the victim on the day before the threatening phone call supports the judgment for the reasons we discuss, we presume defendant did in fact break the victim's nose by hitting her on the day before the call.

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