California, United States of America
The following excerpt is from People v. Pettaway, 206 Cal.App.3d 1312, 254 Cal.Rptr. 436 (Cal. App. 1988):
We agree with the conclusion reached by the Nunez and Lopez courts that a negative finding on a personal use enhancement does not necessarily mean the accused was not a direct perpetrator of the crime. As pointed out in those cases, "inconsistent findings may be caused simply by the mercy or leniency of the jury" (People v. Nunez, supra, 183 Cal.App.3d at p. 226, 228 Cal.Rptr. 64) to which we might add, or through confusion or ennui.
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