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eBook details

• Title: People V. Lagunas
• Author : Supreme Court Of California
• Release Date : January 12, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

By statute, a trial court may grant a new trial "when the verdict or finding is contrary to law or evidence"; if, however, the evidence shows that the defendant is guilty only of a lesser offense necessarily included in the crime charged, the court may modify the verdict or judgment accordingly. (Pen. Code, § 1181, subd. 6.)*fn1 Here, the Court of Appeal held that, even though not authorized by statute, a trial court also has the power to modify a verdict to a lesser related offense based on principles of due process. We disagree.

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