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

More documents

Recommendations

Info

general principles of law relevant to and governing the case, even without a request from the parties. (People v. Cummings (1993) 4 Ca1.4th 1233, 1311.) This rule applies not only to the elements of a substantive offense, but also to the elements of an enhancement. (People v. Winslow (1995) 40 Cal.AppAth 680, 688.) Respondent presents only a general contention of forfeiture. Although the very authority upon which respondent relies explicitly states no trial court action on defendant's part is required to preserve the claim, due to the trial court's instructional obligations and the misinstruction's effect on appellant's substantial rights, respondent fails to respond to appellant's assertion that his constitutional claims are cognizable on appeal for the reasons set forth in the preceding paragraphs. (See RB 163 and, e.g., People v. Wilson, supra, 43 Ca1.4th at pp. 13 14 fn.3, cited therein.) Accordingly, appellant did not forfeit his constitutional claims. 4. This Particular Instructional Error Directly Affected The Jury's Finding On The Charged Personal Firearm Use (pen. Code, § 12022.53, Subds. (D), (E)(I» The information included sentence enhancement allegations that the murders were committed for the benefit of a criminal street gang (Pen. Code, § 186.22, subd. (b)(1)), and that a principal discharged a firearm in committing the murder. (pen. Code, § 12022.53, subd. (d).) Penal Code section 12022.53, subdivision (d), adds a consecutive 25-year-to-life term if a person convicted of statutorily specified felonies intentionally and personally discharged a firearm and caused great bodily injury or death. Section 12022.53, subdivision (e)(1), imposes vicarious liability under this section on aiders and abettors who commit crimes when both this section and subdivision (b) of section 186.22 are pled and proved. (People v. Garcia (2002) 28 Ca1.4th 1166, 1171.) 50
In Argument V of the Opening Brief, appellant more fully explained that the trial court gave the jury the wrong instruction regarding the personal firearm use enhancement. As relevant here, that incorrect instruction included language that directed the jury to the gang enhancement instruction, to wit: "This allegation pursuant to Penal Code section l2022.53(d) applies to any person charged as a principal in the commission ofan offense, when a violation ofPenal Code sections l2022.53(d) and l86.22(b) are plead and proved. [sic]" (37CT 10788; l4RT 3200-3201.) The prosecutor made specific reference to the foregoing sentence within the personal firearm use enhancement instruction and told the jury that inasmuch as he had both pled and proven the truth of the gang enhancement allegation he was relieved under that aspect of the instruction of the burden of proving personal firearm use by a particular defendant. (14RT 3223.) As appellant explained in the opening brief, the prosecutor's statement and the instruction were both manifestly incorrect statements ofthe law. The misdirection inherent in both the prosecutor's argument and the court's instruction permitted the jury to return true findings on the personal firearm use enhancements in reliance upon the determination of the gang enhancement, which, as appellant has explained above, the jury made in reliance upon an incorrect instruction pertaining to the gang enhancement. Respondent merely contends this claim fails because there was no instructional error and, if there was error, the error was harmless under Watson. (RB at p. 175.) However, as appellant has explained above, (1) respondent's argument the jury was adequately instructed is not supportable; and (2) the instructional error contributed to the verdict beyond a reasonable doubt under the governing standard ofChapman v. California, supra, 386 U.S. at p. 24.) 51
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 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: 3. Appellant's Did Not Forfeit His
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
show all

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

Create successful ePaper yourself

Delete template?

Save as template?