Appellant, William Satele, Reply Brief - California Courts - State of ...

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In fact, an objection is sufficient if it fairly appraises the trial court of the issue it is being called on to decide. The objection will be deemed preserved ifthe record shows that the trial court understood the issue presented. (People v. Young (2005) 34 Cal.4th 1149, 1186; People v. Scott (1978) 21 Cal. 3d 284,290.) In this case, the additional aspects of this issue that appellant has raised under the Fifth and Eighth Amendments do not present a radically different approach to the issue. Therefore, the trial court was adequately appraised ofthe issue. Furthermore, waiver is not a favored concept and should be sparingly applied, especially in a criminal case. "Because the question whether defendant has preserved his right to raise this issue on appeal is close and difficult, we assume he has preserved his right, and proceed to the merits." (People v. Bruner (1995) 9 Ca1..4th 1178, 1183, n. 5; see also People v. Wattier (1996) 51 Cal.AppAth 948, 953.) "Whether the [general] rule shall be applied is largely a question of the appellate court's discretion." (People v. Blanco (1992) 10 Cal.AppAth 1167, 1172-1173.) In conclusion, this court should not hold that appellant has forfeited the constitutional aspects ofthis claim and should instead address these aspects ofthe claim in resolving the issue. G. Conclusion The finding that both defendants personally fired the weapon was unsupported by and contrary to the evidence presented. The only logical interpretation of the evidence is that only one person fired the rifle. Because the prosecutor admitted he failed to prove who the shooter was, the People should not be allowed to assert at this time that it was proven that appellant was the actual shooter. This error was aggravated when the trial court, in imposing the death penalty, relied in part on the fact that the jury determined that appellant was the shooter. 26
Finally, it must be noted that the detennination that appellant was an actual shooter is essential to other positions argued by respondent. For example, in arguing that there was no prejudice resulting from the failure to give the requested instruction that guilt could not be proven by mere association, respondent relied on the contention that "there was overwhelming proof that Satele was a shooter." (RB at 199.) Likewise, respondent argues that there was no error in failing to redact CALJIC No. 8.80.1 because "the jury necessarily found that each appellant was either the actual shooter or intended to kill the victims. (RB at 177.) Similarly, in arguing that the conceded error in the instructions relating to the gang enhancement was harmless, respondent goes to great length to detail the admissions ofappellant and Nunez, from which it could be inferred that they were both actual shooters. (RB pp. 173-174.) In short, the detennination that both appellants were the actual people who personally fIred the shots is of consequence to several positions taken by respondent. Therefore, the jury "fmding" ofactual personal use had consequences beyond the immediate impact ofthis issue and was clearly prejudicial to appellant. However, as shown, the evidence did not show appellant was the shooter, and that "fmding" was based on the prosecutor's confusingly worded verdict fonn and his argument that the jury could make the dual fInding on a vicarious liability basis. Accordingly, respondent's arguments that there was no prejudice, or that there was no error in failing to redact the instruction, are without merit." As a result ofthe foregoing, reversal is required. 27
Page 2 and 3: TABLE OF CONTENTS APPELLANT WILLIAM
Page 4 and 5: 2. The Pleadings Failed To NotifY A
Page 6 and 7: VI THE JURy FAILED TO FIND THE DEGR
Page 8 and 9: C. Standard OfReview And Prejudice
Page 10 and 11: XIII APPELLANT JOINS IN ALL ISSUES
Page 12 and 13: Mitchell v. Esparza (2003) 540 U.S.
Page 14 and 15: People v. Cruz (2001) 93 Cal.App.4t
Page 16 and 17: People v. Scott (1978) 21 Cal. 3d 2
Page 18 and 19: CALlIC No. 8.31 passim CALJIC No. 8
Page 20 and 21: ARGUMENTS GUILT PHASE ISSUES I THE
Page 22 and 23: the facts indicate that only one de
Page 24 and 25: form finding "personal use" to have
Page 26 and 27: 57 Cal.AppAth 871, 877; 9 Witkin, C
Page 28 and 29: the weapon. Without again recountin
Page 30 and 31: Respondent notes that between the m
Page 32 and 33: In another apparent attempt to just
Page 34 and 35: appellant has repeatedly said, the
Page 37 and 38: not present them to the trial court
Page 39: In People v. Knighten (1980) 105 Ca
Page 43 and 44: B. The Constitutional Issues Are No
Page 45 and 46: turn relied on the language from Wi
Page 47 and 48: Indeed, in this case the instructio
Page 49 and 50: as the prosecution's first-degree t
Page 51 and 52: F. Conclusion In summary, by failin
Page 53 and 54: As appellant explained in the openi
Page 55 and 56: in the manner suggested by responde
Page 57 and 58: Furthennore, it is well established
Page 59 and 60: Appellant has explained above and i
Page 61 and 62: Cal.App.3d 970, 992.) Instead, resp
Page 63 and 64: 3. Appellant's Did Not Forfeit His
Page 65 and 66: In Argument V of the Opening Brief,
Page 67 and 68: IV IN FAILING TO REDACT PORTIONS OF
Page 69 and 70: People v. Barraza (1979) 23 Ca1.3d
Page 71 and 72: have been unreasonable for the jury
Page 73 and 74: shot Fuller and Robinson, and that
Page 75 and 76: find 'intent to kill'" on the basis
Page 77 and 78: THE COURT'S ERRONEOUS INSTRUCTION A
Page 79 and 80: Robinson's wounds indicated the sho
Page 81 and 82: caused great bodily injury or death
Page 83 and 84: use enhancement, the statutory lang
Page 85 and 86: 192-193), but fails to explain how
Page 87 and 88: Then we have the words "personal us
Page 89 and 90: trial and had therefore forfeited t
Page 91 and 92:
merits of appellant's claim. (AOB a
Page 93 and 94:
jury trial. (People v. Gottman (197
Page 95 and 96:
Respondent argues that another theo
Page 97 and 98:
needs to rely on the penalty verdic
Page 99 and 100:
may not cross-examine a witness upo
Page 101 and 102:
itself to appellant would be improp
Page 103 and 104:
B. The Court Erred In Refusing The
Page 105 and 106:
egarding the intent ofthe non-shoot
Page 107 and 108:
B. Respondent's Arguments Are Mispl
Page 109 and 110:
ut is only being allowed for use ag
Page 111 and 112:
x THE TRIAL COURT ERRED IN PERMITTI
Page 113 and 114:
XI THE PROSECUTOR'S MISCONDUCT IN A
Page 115 and 116:
"guarantee." Appellant is not proce
Page 117 and 118:
v. Berryman (1993) 6 Ca1.4th 1048,
Page 119 and 120:
Contreras. Viewed in this context,
Page 122 and 123:
overwhelmingly showed that only one
Page 124 and 125:
XII GUILT AND PENALTY PHASE VERDICT
Page 126 and 127:
Where Juror No. 2211 is concerned,
Page 128 and 129:
The jury in Cruz was given a versio
Page 130 and 131:
PENALTY PHASE ISSUES XIV THE TRIAL
Page 132 and 133:
B. The Flaw In Respondent's Content
Page 134 and 135:
participation ofall jurors. Contrar
Page 136 and 137:
confuse[d]" (Harris) is no more tha
Page 138:
It is submitted that these instruct
Page 141 and 142:
inherent power to review an issue i
Page 143 and 144:
prospective jurors who were found t
Page 145 and 146:
(Id at p. 821.) This court has char
Page 147 and 148:
church. (18RT 4448:4-6,4451:11-14.)
Page 149 and 150:
(18RT 4450:12-14) or her mother (18
Page 151 and 152:
had in fact reached an impasse at t
Page 153 and 154:
There is an impasse. It is hung. Bu
Page 155 and 156:
establishes, for example, that, whe
Page 157 and 158:
and Code of Civil Procedure 233, wh
Page 159 and 160:
a demonstrable reality. The court a
Page 161 and 162:
CERTIFICATE OF WORD COUNT Rule 8.63
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