California, United States of America
The following excerpt is from People v. Perez, 113 P.3d 100, 29 Cal.Rptr.3d 423, 35 Cal.4th 1219 (Cal. 2005):
The prosecution argued to the jury a legally inadequate theory, the theory that possession of hydriodic acid precursors, plus the intent that someone else use them to manufacture methamphetamine, was criminal under either an aiding and abetting theory or as a direct violation of section 11383(c)(2). The trial court prevented defense counsel from pointing out the legal inadequacy of this theory. Nothing in the record establishes that the jury necessarily rejected this theory and instead convicted on the theory that Perez intended personally to manufacture methamphetamine. "[W]hen 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." (People v. Green (1980) 27 Cal.3d 1, 69, 164 Cal.Rptr. 1, 609 P.2d 468.)
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