What is the test for a jury to convict a defendant on count 1 even if the jury cannot agree on the theory of first degree murder that applied in the case?
California, United States of America
The following excerpt is from People v. Mendibles, D071448 (Cal. App. 2018):
the instruction by the court that the jury could convict defendant on count 1 even if the jury could not agree on the theory of first degree murder that applied in the case. (See People v. Pitts (1990) 223 Cal.App.3d 606, 694 [noting a "prosecutor's closing argument is an especially critical period of trial" because "it comes from an official representative of the People . . . [and thus] carries great weight"].)
"The most advanced legal research software ever built."
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.
Other Questions
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
What are the requirements of section 1170.95, subdivision (c) of the California Criminal Code for a jury to convict a defendant of first degree murder under the Felony Murder theory? (California, United States of America)
In what circumstances will a jury uphold a first degree murder conviction against defendants on the felony-murder theory? (California, United States of America)
When a defendant has been convicted of first degree murder based on a felony-murder theory, can the underlying felony be stayed? (California, United States of America)
In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree murder? (California, United States of America)
What determinate enhancements apply to a defendant who is convicted of two counts of first-degree murder? (California, United States of America)
Does the prosecution of a defendant in a second degree felony murder case proceed on a different theory than a first degree felony charge? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
