People v. Modesto

I dissent from the broad holding of the majority (ante p. 730) that reversal is “required” in the case at bench “because the defendant has a constitutional right to have the jury determine every material issue presented by the evidence [and] [r] egardless of how overwhelming the evidence of guilt may be, the denial of such a fundamental right cannot be cured by article VI, section 4% of the California Constitution. . . .” (Italics added.)

I must also dissent from the majority’s narrower holding (ante p. 731), assertedly based on People v. Carmen (1951) 36 Cal.2d 768, 773 [5]-774 [6] [228 P.2d…