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People v. Guerra, No. H032881

Defendant's sexual assault sentence is vacated where the trial court improperly instructed the jury that it might wish to reconsider its inconsistent "not true" finding on certain three-strikes enhancement issues, thus invading the province of the jury.

Read People v. Guerra, No. H032881

Appellate Information

Filed August 18, 2009


Opinion by Judge Duffy


For Appellant:

Robert Derham, Law Offices of Robert Derham, San Anselmo, CA

For Respondent:

Seth K. Schalit, Supervising Deputy Attorney General, San Francisco, CA