California, United States of America
The following excerpt is from People v. Paniagua, B289253 (Cal. App. 2019):
Finally, in People v. Brown (2016) 247 Cal.App.4th 211, when the jury returned two completed verdict forms on first degree murder, one for guilty and one for not guilty, the trial court, without inquiring of the jury or discussing with counsel, decided the not guilty verdict was a mistake and recorded only the guilty verdict. (Id. at p. 230.) The court of appeal reversed, explaining "there is no recordable verdict when the jury purports to find the defendant guilty and not guilty on the same count, and the court does not get to pick the verdict to be entered based on its conclusion that that verdict is the correct one and the other was erroneously made." (Id. at p. 232.) The trial court here did not pick one verdict to record in favor of another, and as discussed, the jury did not purport to find Paniagua guilty and not guilty on the same count.
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