What are the findings of the California Court of Appeal on the jury's deliberations for the lesser included charge of gross vehicular manslaughter?

California, United States of America


The following excerpt is from People v. Kiseloff, F066097 (Cal. App. 2014):

Defendant next contends the court erroneously instructed the jury on how it could consider the greater and lesser included offenses. Defendant complains that CALCRIM No. 3517, on the deliberations for lesser included offenses, merely advised the jury on how to fill in the relevant verdict forms, and failed to comply with the requirements of People v. Dewberry (1959) 51 Cal.2d 548 (Dewberry) on reasonable doubt and how to choose between the greater and lesser offenses. Defendant acknowledges he was found not guilty of the greater offense of gross vehicular manslaughter while intoxicated, and guilty of the lesser offense of vehicular manslaughter while intoxicated, but argues the instructions prevented the jury from considering the other lesser included offenses, particularly vehicular manslaughter.

Other Questions


Does a jury have a duty to find a defendant guilty only of the lesser included charge of gross vehicular manslaughter? (California, United States of America)
Does the court have to add an instruction to the jury that, in the event the jury found defendant guilty of the lesser included charge of involuntary manslaughter, it should also consider whether he personally used an assault weapon or firearm? (California, United States of America)
In a motion to appeal against a jury's finding that there was no substantial evidence to support the jury's verdict, does the appellate court have any power to substitute the findings of the jury? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
What is the result of the Court of Appeal's decision in the case of defendant in the Superior Court of Justice on appeal against a finding of not guilty of a charge of gross negligence? (California, United States of America)
What is the test for a jury to consider whether to consider the lesser included charge of attempted voluntary manslaughter as a lesser included offense of attempted premeditated murder? (California, United States of America)
What are the findings of the Court of Appeal at the Superior Court of Justice on Beach's appeal against a finding that an autopsy photograph of the victim was unduly prejudicial and lacked probative value? (California, United States of America)
What is the test for reversal of a jury verdict in a civil case where the court failed to instruct the jury on the lesser included misdemeanor charge of battery without injury? (California, United States of America)
When a defendant is charged with conspiracy to commit a lesser included crime, what is the duty of the court to instruct the jury on all necessarily included offenses? (California, United States of America)
Does the trial court have a duty to instruct the jury that "aiding and abetting prostitution" is a lesser-included charge to section 266h, subdivision (a) of the California Penal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.