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