California, United States of America
The following excerpt is from People v. Lopez, D069363 (Cal. App. 2017):
Further, in his reply brief, Lopez likens this case to People v. Brown (2016) 247 Cal.App.4th 211, in which a verdict was overturned when a jury entered both a guilty verdict and a not guilty verdict on the same count. However, as noted by the court in Carbajal, in such a circumstance the verdict is unintelligible because it is not possible to understand whether the jury has actually convicted or acquitted the defendant of the count. (Carbajal, supra, 56 Cal.4th at p. 532.) The Carbajal court distinguished the circumstance of an acquittal and guilty verdict on the same count from a case in which the jury's findings on a special allegation were inconsistent with findings on the substantive count. (Ibid.) Here, although the factual findings underlying the firearm enhancement allegations were inconsistent, the jury's decision to make a true finding on each enhancement could be ascertained from the verdict form, thus the two true findings were not inconsistent to the point of being unintelligible like the inconsistent verdicts in People v. Brown.
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