California, United States of America
The following excerpt is from People v. Sanchez, B284881 (Cal. App. 2018):
one guilty verdict form for first degree murder, the appellate record indicates otherwise. As evidenced by the transcript of the trial court's conversation with counsel for both the People and defendant, "verdict forms" were signed by both counsel and provided to the jury. Moreover, the trial court gave the jury CALCRIM No. 640, titled "Deliberations and Completion of Verdict Forms: For Use When Defendant Is Charged With First Degree Murder and Jury Is Given Not Guilty Forms for Each Level of Homicide." That instruction specifically advised the jurors on how to consider the different kinds of homicide (first degree murder, second degree murder, and voluntary manslaughter) charged and how to use the different verdict forms provided to them. Not only does this instruction confirm that various verdict forms were provided to the jury, but we also presume the jury understood and followed these instructions. Since the jury was properly instructed as to the different degrees of the offense charged, had only the one first degree murder verdict form been provided to them, we presume that the jury would have either asked for the proper verdict form or written it out themselves. (People v. Osband (1996) 13 Cal.4th 622, 689-690.)
Second, in one sentence, defendant contends that "the heavily redacted jury instructions confused [the] jury." But defendant offers no evidence of juror confusion, and his brief speculation is insufficient to reverse his judgment of conviction. (People v. Williams (1988) 44 Cal.3d 883, 933.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.