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
Filed August 18, 2009
Opinion by Judge Duffy
Robert Derham, Law Offices of Robert Derham, San Anselmo, CA
Seth K. Schalit, Supervising Deputy Attorney General, San Francisco, CA
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