California, United States of America
The following excerpt is from People v. Valadez, E071464 (Cal. App. 2020):
"Whenever a defendant is convicted of a crime . . . which is distinguished into degrees, the jury . . . must find the degree of the crime . . . of which he is guilty. Upon the failure of the jury . . . to so determine, the degree of the crime . . . of which the defendant is guilty, [the conviction] shall be deemed to be of the lesser degree." ( 1157.) "Section 1157's requirement that the degree be specified 'may be satisfied in two ways: (1) by a finding that specifically refers to the degree of the crime by its statutory numerical designation; and (2) by findings that encompass the statutory factual predicates of the degree of the crime.' " (People v. Jones (2014) 230 Cal.App.4th 373, 377.) In other words, it is sufficient for a first degree murder finding if the jury finds
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