Does a jury need to consider substantial involvement in a conspiracy to reduce a defendant's sentence?

California, United States of America


The following excerpt is from People v. Vasquez, G037613 (Cal. App. 10/24/2007), G037613 (Cal. App. 2007):

As she acknowledges, however, this argument was rejected in People v. Chevalier (1997) 60 Cal.App.4th 507. There the court held that a weight enhancement finding in connection with a conspiracy count was not required to include the element of substantial involvement. "Where the jury is fully instructed as to each element of a sentence enhancement, it is not necessary that the verdict enumerate each of those elements." (Id. at p. 514.) Here the jury was properly instructed that the prosecution had to prove defendant was substantially involved beyond a reasonable doubt and that the jury had to make such a determination.

Other Questions


Can remand a defendant on remand be reduced to a reduced sentence even if the sentence was not reduced at the time of sentencing? (California, United States of America)
Is a defendant's sentence for assault reduced to a reduced sentence under section 667.5 of the California Penal Code? (California, United States of America)
Is a defendant entitled to a reduced sentence from a sentencing court where the sentencing court was unaware of the scope of its discretionary powers? (California, United States of America)
In what circumstances will a defendant be denied a reduction in sentence under Proposition 47 of the California Criminal Code if he fails to charge him with conspiracy to commit a criminal conspiracy? (California, United States of America)
What are the consequences of a jury's failure to determine the scope of a sentence that would have reduced a defendant's sentence? (California, United States of America)
What is the test for sentencing a defendant to a reduced sentence and placing him on probation? (California, United States of America)
Is a defendant's history of violence relevant to the sentencing of a defendant in a capital sentencing trial? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.