People v. Feno

I respectfully dissent.

We are mandated by the California Constitution, article VI, section 13, not to set aside a judgment “on the ground of misdirection of the jury . . . or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence [we are] of the opinion that the error complained of has resulted in a miscarriage of justice.” Reversing the jury verdict here violates this most fundamental of appellate court rules.

The key issue of fact in this case was whether Feno sold securities in violation of the Corporate Securities Law (Corp.…