Does the Attorney General have to correct an error in a verdict in a case where the jury found that there was a gang-related murder special circumstance?
California, United States of America
The following excerpt is from People v. Simon, G045927 (Cal. App. 2013):
Furthermore, we agree with the Attorney General the error cannot be deemed harmless in this case because it is impossible to determine from other portions of the verdict on which of the two legal theories the jury relied to find true the gang-related murder special circumstance. (People v. Perez (2005) 35 Cal.4th 1219, 1233.) Thus, the true finding on the gang-related murder special circumstance must be reversed.
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