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People v. Guerra, No. H032881

By FindLaw Staff on August 20, 2009 11:05 AM

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

Judges

Opinion by Judge Duffy

Counsel

For Appellant:

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

For Respondent:

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

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