People v. Paul

Opinion

GEORGE, C. J.

In this matter we interpret the special “verdict or finding” 1 requirement of Penal Code section 1158a 2 in a case in which each count of the information charges two defendants jointly with a substantive offense and also, pursuant to section 12022, subdivision (a)(1), charges that a principal was armed during the commission of the offense. Specifically, we consider whether the special verdict or finding requirement of section 1158a is satisfied when a jointly charged defendant is not specifically named in the arming finding returned by the jury, but the finding instead…