Does the fact the jury acquitted appellant of assault with a deadly weapon but found true the great bodily injury allegation pertaining to count 2 compel a contrary conclusion?

California, United States of America


The following excerpt is from People v. Banda, B253830 (Cal. App. 2015):

The fact the jury acquitted appellant of assault with a deadly weapon (count 1) (see fn. 1, ante) but found true the great bodily injury allegation pertaining to count 2 does not compel a contrary conclusion. Even if these were inconsistent findings, "[i]nconsistent findings by the jury frequently result from leniency, mercy or confusion. [Citation.] Such inconsistencies in no way invalidate the jury's findings." (People v. York (1992) 11 Cal.App.4th 1506, 1510.) We do not invalidate an inconsistent jury finding if it is supported by substantial evidence. (Cf., ibid.)

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