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

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F. Conclusion For the reasons set forth herein, appellant respectfully submits the Penal Code section 186.22, subdivision (b)(1), enhancement pertaining to counts 1 and 2 must be reversed. In addition, because its proof was dependent on the section 186.22 gang benefit finding, the personal weapon use enhancements attached to counts 1 and 2 (Pen. Code, § 12022.53, subds. (d), (e)(1)) must also be reversed. 52
IV IN FAILING TO REDACT PORTIONS OF CALJIC NO. 8.80.1, THE TRIAL COURT INCORRECTLY INSTRUCTED THE JURY ON THE MENTAL STATE REQUIRED FORACCOMPLICE LIABILITY WHEN A SPECIAL CIRCUMSTANCE IS CHARGED. THE ERROR PERMITTED THE JURY TO FIND THE MULTIPLE MURDER SPECIAL CIRCUMSTANCE TO BE TRUE UNDER A THEORY THAT WAS NOT LEGALLY APPLICABLE TO TIDS CASE, IN VIOLATION OF APPELLANT'S CONSTITUTIONAL RIGHT TO DUE PROCESS OF LAW UNDER THE FIFTH AND FOURTEENTH AMENDMENTS AND HIS SIXTH AMENDMENT RIGHT TO A JURY TRIAL. A. Introduction As explained in Appellant's Opening Brief (AOB p. 84), the jury finding that the multiple murder special circumstance allegation was true was based upon a version of CALnC No. 8.80.1 that incorrectly stated the law regarding accomplice intent and allowed the jury to apply the special circumstance to aiders and abettors without the required intent to kill. The pattern instruction contains different sections that apply to different special circumstances, and provisions that are not applicable to the special circumstance involved in a particular case are supposed to be redacted. However, the court failed to properly redact the instruction in this case. As a result, the instruction incorrectly informed the jury that the special circumstance could be found to be true ifthe jury believed appellant was a major participant in the crime and acted with reckless indifference, a provision that is only applicable to felony murder cases and not to the multiple murder special circumstance alleged in this case. As given, CALnC 8.80.1 instructed the jury that if it was unable to decide whether the defendant was the actual killer or an aider and abettor, it could not fmd the special circumstance to be true unless it was satisfied beyond a reasonable 53
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TABLE OF CONTENTS APPELLANT WILLIAM
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2. The Pleadings Failed To NotifY A
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VI THE JURy FAILED TO FIND THE DEGR
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C. Standard OfReview And Prejudice
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XIII APPELLANT JOINS IN ALL ISSUES
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Mitchell v. Esparza (2003) 540 U.S.
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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 and 40: In People v. Knighten (1980) 105 Ca
Page 41 and 42: Finally, it must be noted that the
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: In Argument V of the Opening Brief,
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
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v. Berryman (1993) 6 Ca1.4th 1048,
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Contreras. Viewed in this context,
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overwhelmingly showed that only one
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XII GUILT AND PENALTY PHASE VERDICT
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Where Juror No. 2211 is concerned,
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The jury in Cruz was given a versio
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PENALTY PHASE ISSUES XIV THE TRIAL
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B. The Flaw In Respondent's Content
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participation ofall jurors. Contrar
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confuse[d]" (Harris) is no more tha
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It is submitted that these instruct
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inherent power to review an issue i
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prospective jurors who were found t
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(Id at p. 821.) This court has char
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church. (18RT 4448:4-6,4451:11-14.)
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(18RT 4450:12-14) or her mother (18
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had in fact reached an impasse at t
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There is an impasse. It is hung. Bu
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establishes, for example, that, whe
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and Code of Civil Procedure 233, wh
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a demonstrable reality. The court a
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CERTIFICATE OF WORD COUNT Rule 8.63
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Appellant, William Satele, Reply Brief - California Courts - State of ...

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