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.
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