What is the test for a jury to convict an appellant of second degree murder?

California, United States of America


The following excerpt is from People v. Saldana, F076842 (Cal. App. 2020):

The trial court also instructed the jury, pursuant to CALCRIM No. 3515, that it must "consider each count separately and return a separate verdict for each one." We note the jury found appellant guilty of the lesser offense in count 1 of second degree murder, as opposed to the allegation that he committed first degree murder. This demonstrates jurors were capable of, and did, differentiate among the various charges, allegations, and evidence. (See People v. Jones (2013) 57 Cal.4th 899, 927.) It further

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