California, United States of America
The following excerpt is from People v. Martinez, H039350 (Cal. App. 2016):
discretion . . . ." (People v. Orabuena (2004) 116 Cal.App.4th 84, 99-100.) Here, neither party seeks a limited remand for the court to exercise its discretion. Defendant claims that a remand is inappropriate because the dismissal of the vehicular manslaughter count by the court would have been an abuse of the court's discretion. He reasons that the interests of justice could not support depriving the jury of the option of vehicular manslaughter. On this basis, he asserts that he is entitled to reversal and a remand for a new trial on the murder and vehicular manslaughter counts. The Attorney General contends that a limited remand is unnecessary because it is not reasonably probable that the jury would have reached a different verdict if the vehicular manslaughter count had not been dismissed.
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