When one of the theories presented to the jury in a jury trial is legally inadequate, is reversal required?

California, United States of America


The following excerpt is from People v. Moore, D066952 (Cal. App. 2016):

When one of the theories presented to a jury is legally inadequate, reversal generally is required unless " 'it is possible to determine from other portions of the verdict that the jury necessarily found the defendant guilty on a proper theory.' " (People v. Perez (2005) 35 Cal.4th 1219, 1233 (Perez).) In addition to a theory of grand theft by embezzlement, the jury was instructed on theories of grand theft by larceny and grand theft by false pretenses. Here, the record does not indicate on which theory or theories

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