Does the Attorney General have jurisdiction to amend or amend a jury's verdict of acquittal on an enhancement allegation?

California, United States of America


The following excerpt is from People v. Cooke, F072103 (Cal. App. 2017):

Defendant contends the trial court violated this statute and due process by inviting the jury to reconsider its verdict of acquittal on the prior prison term enhancement allegation involving Los Angeles County Superior Court case No. GA047298-01.3 Relying largely on People v. Bonillas (1989) 48 Cal.3d 757, 770-771 (Bonillas), the Attorney General counters that the initial verdict was incomplete or otherwise irregular; hence, since jurors had not been discharged, the trial court had jurisdiction to reconvene the jury to fix or clarify the verdict. (See 1164.)4

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