Is the Attorney General's request for limited remand for a reversal and reversal of a finding of vehicular manslaughter?

California, United States of America


The following excerpt is from People v. Martinez, H039350 (Cal. App. 2016):

discretion . . . ." (People v. Orabuena (2004) 116 Cal.App.4th 84, 99-100.) Here, neither party seeks a limited remand for the court to exercise its discretion. Defendant claims that a remand is inappropriate because the dismissal of the vehicular manslaughter count by the court would have been an abuse of the court's discretion. He reasons that the interests of justice could not support depriving the jury of the option of vehicular manslaughter. On this basis, he asserts that he is entitled to reversal and a remand for a new trial on the murder and vehicular manslaughter counts. The Attorney General contends that a limited remand is unnecessary because it is not reasonably probable that the jury would have reached a different verdict if the vehicular manslaughter count had not been dismissed.

Other Questions


Does the Attorney General have to reverse or remand a finding of a strike finding? (California, United States of America)
Does the Attorney General have an obligation to reverse the judgment of Justice Trimble v Attorney General? (California, United States of America)
Does the Attorney General's request that we take judicial notice of the file in People v. Street (F059165), an appeal by the District Attorney from the imposition of an unlawful sentence in the matter before us? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Does the Attorney General have to issue a reversal of a finding of intent under section 11379 of the California Highway Traffic Code where he omitted the specific intent to sell methamphetamine from the relevant inquiry? (California, United States of America)
What is the difference between a jury finding a defendant guilty of heat-of-passion manslaughter and finding him guilty of manslaughter? (California, United States of America)
Can a letter between the Attorney General and Attorney General be admitted as a public record? (California, United States of America)
What is the response to a request from the Attorney General for Attorney Work Product Privilege? (California, United States of America)
Does the Attorney General have to reverse a finding of malice before a jury in a murder trial where the trial court's response to the question was incorrect? (California, United States of America)
Can a property owner recover attorney fees if the court finds the County Board failed to make requested findings? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.