People v. Espiritu

Opinion

MOSK, J.

INTRODUCTION

Defendant and appellant Illuminado Espíritu (defendant) was convicted of attempted voluntary manslaughter (Pen. Code, §§ 664, 192, subd. (a)),1 and battery with serious bodily injury (§ 243,. subd. (d)). The jury initially found “not true” the allegation that defendant personally used a deadly weapon, but after the trial court sent the jury back for further deliberations to reconsider its verdict, the jury ultimately found the allegation to be true. On appeal, defendant contends that the trial court erred by not recording the jury’s original “not true” finding on…