California, United States of America
The following excerpt is from People v. Spaccia, 12 Cal.App.5th 1278, 220 Cal.Rptr.3d 65 (Cal. App. 2017):
"In contrast, when one of the theories presented to a jury is factually inadequate, such as a theory that, while legally correct, has no application to the facts of the case, we apply a different standard. [Citation.] In that instance, we must assess the entire record, including the facts and the instructions, the arguments of counsel, any communications from the jury during deliberations, and the entire verdict. [Citation.] We will affirm unless a review of the entire record affirmatively demonstrates a reasonable probability that the jury in fact found the defendant guilty solely on the unsupported theory. [Citation.]" ( People v. Perez (2005) 35 Cal.4th 1219, 1233, 29 Cal.Rptr.3d 423, 113 P.3d 100 [quoting People v. Guiton (1993) 4 Cal.4th 1116, 1128-1130, 17 Cal.Rptr.2d 365, 847 P.2d 45 ].)
[12 Cal.App.5th 1293]
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