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

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In conclusion, the instruction allowed the jury to return a true finding to the multiple murder special circumstance based on a determination appellant was a major participant who acted with reckless disregard in lieu of necessarily finding he acted with the intent to kill. Because the law does not permit the special circumstance to be imposed unless the defendant possessed the intent to kill, this was prejudicial error. Accordingly, reversal of the multiple murder special circumstance finding and the judgment ofdeath are required. 62
THE COURT'S ERRONEOUS INSTRUCTION AS TO THE PERSONAL FIREARM USE ENHANCEMENT VIOLATED APPELLANT'S STATE AND FEDERAL CONSTITUTIONAL RIGHTS. A. Introductory Statement V Appellant contended in the opening brief that the personal fireann use enhancements (Pen. Code, § 12022.53, subd. (d)) attached to counts I and 2 were obtained in violation of his Fifth and Fourteenth Amendment Due Process rights and must be stricken. Appellant argued that the enhancements were imposed because defective instructions failed to distinguish the proof necessary to detennine the actual shooter on the one hand and the aider and abettor on the other and also failed to define the tenn "intentionally and personally discharged a fireann." (See AOB, Argument V.) Respondent contends there was no error in the instruction given. (RB 184-188.) Appellant also argued that the instructions additionally created a impennissible presumption that relieved the prosecution ofproving appellant was in fact a principal in the commission of the crime by instructing the jury it was required to find appellant was a principal subject to the enhancement if it found he had been charged as a principal and the gang benefit enhancement (Pen. Code, § 186.22, subd. (b)(1)) had been pled and proved. (AOB at pp. 108-109.) Respondent contends there was no burden-shifting as to the gun-use findings (RB at pp. 191-194), and further contends the jury was not required to agree on who was the actual "shooter" and who was the "aider and abettor" (RB at p. 190). Also, the instructions were subject to an interpretation that allowed the jury to find the enhancement to be true on a legally invalid theory, namely that appellant was liable for the enhancement because he had been charged as a principal. (AOB at pp. 111-114.) These incorrect statements of the law were not corrected by other properly given instructions. (AOB at p. 114-115.) Respondent 63
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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
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People v. Scott (1978) 21 Cal. 3d 2
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CALlIC No. 8.31 passim CALJIC No. 8
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ARGUMENTS GUILT PHASE ISSUES I THE
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the facts indicate that only one de
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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 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: find 'intent to kill'" on the basis
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
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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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