People v. Mendoza

Opinion

CHIN, J.

Under Penal Code section 1157,1 “[w]henever a defendant is convicted of a crime . . . which is distinguished into degrees,” the trier of fact “must find the degree of the crime ... of which he is guilty. Upon the failure of the [trier of fact] to so determine, the degree of the crime ... of which the defendant is guilty, shall be deemed to be of the lesser degree.” Here, we consider this section’s applicability under the following circumstances: (1) the prosecution’s only murder theory at trial is that the killing was committed during perpetration of robbery or burglary, which…