Appellant, William Satele, Reply Brief - California Courts - State of ...
Appellant, William Satele, Reply Brief - California Courts - State of ...
Appellant, William Satele, Reply Brief - California Courts - State of ...
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general principles <strong>of</strong> law relevant to and governing the case, even without a<br />
request from the parties. (People v. Cummings (1993) 4 Ca1.4th 1233, 1311.)<br />
This rule applies not only to the elements <strong>of</strong> a substantive <strong>of</strong>fense, but also to the<br />
elements <strong>of</strong> an enhancement. (People v. Winslow (1995) 40 Cal.AppAth 680,<br />
688.)<br />
Respondent presents only a general contention <strong>of</strong> forfeiture. Although the<br />
very authority upon which respondent relies explicitly states no trial court action<br />
on defendant's part is required to preserve the claim, due to the trial court's<br />
instructional obligations and the misinstruction's effect on appellant's substantial<br />
rights, respondent fails to respond to appellant's assertion that his constitutional<br />
claims are cognizable on appeal for the reasons set forth in the preceding<br />
paragraphs. (See RB 163 and, e.g., People v. Wilson, supra, 43 Ca1.4th at pp. 13<br />
14 fn.3, cited therein.) Accordingly, appellant did not forfeit his constitutional<br />
claims.<br />
4. This Particular Instructional Error Directly Affected The Jury's Finding<br />
On The Charged Personal Firearm Use (pen. Code, § 12022.53, Subds. (D),<br />
(E)(I»<br />
The information included sentence enhancement allegations that the<br />
murders were committed for the benefit <strong>of</strong> a criminal street gang (Pen. Code, §<br />
186.22, subd. (b)(1)), and that a principal discharged a firearm in committing the<br />
murder. (pen. Code, § 12022.53, subd. (d).) Penal Code section 12022.53,<br />
subdivision (d), adds a consecutive 25-year-to-life term if a person convicted <strong>of</strong><br />
statutorily specified felonies intentionally and personally discharged a firearm and<br />
caused great bodily injury or death. Section 12022.53, subdivision (e)(1), imposes<br />
vicarious liability under this section on aiders and abettors who commit crimes<br />
when both this section and subdivision (b) <strong>of</strong> section 186.22 are pled and proved.<br />
(People v. Garcia (2002) 28 Ca1.4th 1166, 1171.)<br />
50