Can a jury overturn a finding that overt acts were committed in order to obtain financial gain?

California, United States of America

The following excerpt is from People v. Hernandez, 134 Cal.Rptr.2d 602, 30 Cal.4th 835, 69 P.3d 446 (Cal. 2003):

Even if the jury's findings on the alleged overt acts were inconsistent with its finding on the financial gain special circumstance, that inconsistency would provide no ground for overturning the special circumstance finding. (See generally People v. Santamaria (1994) 8 Cal.4th 903, 911, 35 Cal.Rptr.2d 624, 884 P.2d 81 ["It is ... settled that an inherently inconsistent verdict is allowed to stand ...."].)

G. Constitutionality of Financial Gain Special Circumstance as Applied to This Case

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