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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merits <strong>of</strong> appellant's claim. (AOB at pp. 116-117.) Furthermore, contrary to<br />
respondent's contention, the evidence was not overwhelming that both defendants<br />
were the principals. (RB at p. 195.) As the prosecutor admitted, he had not<br />
proven which <strong>of</strong>the defendants fired the fatal shots. Therefore, the evidence may<br />
have been overwhelming that one defendant was a principal, but was at best<br />
inconclusive as to whether both were principals or one was a principal and the<br />
other an aider and abettor.<br />
Because the jury did not properly determine facts that were essential for the<br />
verdict, a reversal <strong>of</strong>the judgment is required.<br />
77