California, United States of America
The following excerpt is from People v. Baez, G049120 (Cal. App. 2015):
"A verdict is to be given a reasonable intendment and be construed in light of the issues submitted to the jury and the instructions of the court. It must be upheld when, if so construed, it expresses with reasonable certainty a finding supported by the evidence [citation]." (People v. Radil (1977) 76 Cal.App.3d 702, 710; accord, People v. Jones (1997) 58 Cal.App.4th 693, 710-711.) Here, defendant admitted to being the shooter. In closing argument, counsel for both the People and defendant repeatedly reminded the jury of defendant's admission. Counsel for the People argued that defendant had no excuse for the killing and should be found guilty of murder. Defendant's counsel argued that defendant shot Felix by accident, or by justifiable homicide or imperfect defense of another, and should not be found guilty. In other words, because defendant conceded that he shot Felix, the question put to the jury was whether he committed murder or whether he had a defense to the charge. Given this, the verdict form, although stating defendant "personally or vicariously discharged a firearm" cannot reasonably be construed as containing a finding that someone other than defendant shot Felix. (People v. Radil, supra, 76 Cal.App.3d at p. 710; People v. Jones, supra, 58 Cal.App.4th at pp. 710-711.)
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