What is the test for a jury to convict a defendant on count 1 even if the jury cannot agree on the theory of first degree murder that applied in the case?
California, United States of America
The following excerpt is from People v. Mendibles, D071448 (Cal. App. 2018):
the instruction by the court that the jury could convict defendant on count 1 even if the jury could not agree on the theory of first degree murder that applied in the case. (See People v. Pitts (1990) 223 Cal.App.3d 606, 694 [noting a "prosecutor's closing argument is an especially critical period of trial" because "it comes from an official representative of the People . . . [and thus] carries great weight"].)
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