What is the test for affirming a jury verdict when one of the theories presented to the jury is factually inadequate?

California, United States of America


The following excerpt is from People v. Spaccia, 12 Cal.App.5th 1278, 220 Cal.Rptr.3d 65 (Cal. App. 2017):

"In contrast, when one of the theories presented to a jury is factually inadequate, such as a theory that, while legally correct, has no application to the facts of the case, we apply a different standard. [Citation.] In that instance, we must assess the entire record, including the facts and the instructions, the arguments of counsel, any communications from the jury during deliberations, and the entire verdict. [Citation.] We will affirm unless a review of the entire record affirmatively demonstrates a reasonable probability that the jury in fact found the defendant guilty solely on the unsupported theory. [Citation.]" ( People v. Perez (2005) 35 Cal.4th 1219, 1233, 29 Cal.Rptr.3d 423, 113 P.3d 100 [quoting People v. Guiton (1993) 4 Cal.4th 1116, 1128-1130, 17 Cal.Rptr.2d 365, 847 P.2d 45 ].)

[12 Cal.App.5th 1293]

Other Questions


When one of the theories presented to the jury is factually inadequate, such as the factually incomplete, does the court have to be able to affirm a jury verdict based solely on the unsupported theory? (California, United States of America)
Can a jury's first degree murder verdict against defendants be affirmed on the felony-murder theory? (California, United States of America)
When the prosecution presents different theories of first degree murder in a trial, does the jury have to agree on one particular theory? (California, United States of America)
Can a jury's first degree murder verdict against defendants be affirmed on the felony-murder theory? (California, United States of America)
Can a jury overturn a verdict of first degree murder where two different theories are presented to support the charge? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
When one of the theories presented to the jury in a jury trial is legally inadequate, is reversal required? (California, United States of America)
Can a defendant who objected to an instruction and verdict form referencing a lying-in-wait theory of first degree murder continue to oppose the instruction and the verdict forms? (California, United States of America)
Does the court present to the jury a case that is premised on a legally incorrect theory? (California, United States of America)
Is a party required to request that the court enter judgment on a valid jury verdict in order for that party to have the benefit of the verdict? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.