Does a jury's acquittal of an assault with a deadly weapon constitute an acquittal on the assault charge or a finding of not guilty of assault with deadly weapon?

California, United States of America


The following excerpt is from People v. Gomez-Mendez, C088459 (Cal. App. 2020):

As to the former, the trial court's decision was not constrained by the jury's acquittal on the assault offense, because "California law affords the trial court broad discretion to consider relevant evidence at sentencing. . . [] . . . Unless specific findings are made, 'the jury cannot be said to have "necessarily rejected" any facts when it returns a general verdict . . . .' " (People v. Towne (2008) 44 Cal.4th 63, 85-86 [quoting United States v. Watts (1997) 519 U.S. 148, 155].) Thus, the jury's acquittal on the assault with a deadly weapon offense did not constitute a specific finding that necessarily rejected the proposition that defendant used a deadly weapon during his fight with the victim.

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