The PEOPLE, Plaintiff and Respondent,
v.
Cruz Alberto MENDOZA et al. Defendants and Appellants.
Supreme Court of California.https://leagle.com/images/logo.png
July 31, 2000.
Rehearing Denied September 13, 2000.
Attorney(s) appearing for the Case
William D. Farber, San Rafael, under appointment by the Supreme Court, for Defendant and Appellant Cruz Alberto Mendoza.
David McNeil Morse, San Francisco, under appointment by the Supreme Court, for Defendant and Appellant Raul Valle.
Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Stan M. Helfman and John R. Vance, Jr., Deputy Attorneys General, for Plaintiff and Respondent.
Supreme Court of California.
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...
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