California, United States of America
The following excerpt is from People v. Iniguez, E067733 (Cal. App. 2017):
Finally, and in the alternative to the foregoing, the error whether viewed as the presentation of legally invalid theories of guilt, prosecutorial misconduct, or ineffective assistance plainly was not prejudicial. "'When the prosecution presents its case to the jury on alternate theories, some of which are legally correct and others legally incorrect, and the reviewing court cannot determine from the record on which theory the ensuing general verdict of guilt rested, the conviction cannot stand.' [Citation.]" (People v. Guiton, supra, 4 Cal.4th at p. 1122.) Here, however, the record demonstrates that the jury found defendant guilty of attempted murder on an aiding and abetting and/or conspiracy theory, because the evidence supporting those theories was overwhelming, as follows.
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