California, United States of America
The following excerpt is from People v. Schlig, E057723 (Cal. App. 2017):
based on trial court's error placing burden to show mitigation on defendant]; People v. Harris (1968) 266 Cal.App.2d 426, 434-435 [reducing conviction from first to second degree burglary based on erroneous admission of evidence].)
However, because there was sufficient evidence in the record to support a conviction of second degree murder, the People may choose to retry Jason on that charge. (People v. Edwards, supra, 39 Cal.3d 107 at p. 118.) "Because we do not know which option the People would prefer, our disposition should preserve both options." (Ibid.) We will therefore reverse the jury's second degree murder verdict against Jason, but permit the People a period in which to accept a voluntary manslaughter verdict or retry him for second degree murder.