California, United States of America
The following excerpt is from People v. Eugene, E070456 (Cal. App. 2020):
proved" that the person committed the crime for the benefit of a gang under section 186.22, subdivision (b), and that "[a]ny principal in the offense committed any act specified in subdivision (b), (c), or (d) [of section 12022.53]." The enhancement therefore applies both to the direct perpetrator of the murder and to anyone who aids and abets another in the commission of the murder. (People v. Hernandez (2005) 134 Cal.App.4th 474, 480.)
"'"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."'" (People v. Jones (1997) 58 Cal.App.4th 693, 710.) "'The form of a verdict is immaterial provided the intention to convict of the crime charged is unmistakably expressed.'" (Ibid.) "'[T]echnical defects in a verdict may be disregarded if the jury's intent to convict of a specified offense within the charges is unmistakably clear, and the accused's substantial rights suffered no prejudice.'" (Id. at pp. 710-711; People v. Webster (1991) 54 Cal.3d 411, 447.)
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