California, United States of America
The following excerpt is from People v. Hardy, 233 Cal.Rptr.3d 378, 418 P.3d 309, 5 Cal.5th 56 (Cal. 2018):
Moreover, special verdicts are permissible "so long as they do not interfere with the jurys deliberative process." ( People v. Webster , supra , 54 Cal.3d at p. 447, 285 Cal.Rptr. 31, 814 P.2d 1273.) Defendant argues that the jury could have been confused about the "A" and "B" choices, and applied them to its determination that defendant was guilty of first degree murder rather than only applying the choices to the special circumstance allegations. He argues that "[t]he trial court did not instruct the jury that it should select Options A or B only if, and after, the jury had already independently found that [he] was guilty of first degree murder."
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