2009 California Penal Code - Section 1147-1168 :: Chapter 4. The Verdict Or Finding

PENAL CODE
SECTION 1147-1168

1147.  When the jury have agreed upon their verdict, they must be
conducted into court by the officer having them in charge. Their
names must then be called, and if all do not appear, the rest must be
discharged without giving a verdict. In that case the action may be
again tried.

1148.  If charged with a felony the defendant must, before the
verdict is received, appear in person, unless, after the exercise of
reasonable diligence to procure the presence of the defendant, the
court shall find that it will be in the interest of justice that the
verdict be received in his absence. If for a misdemeanor, the verdict
may be rendered in his absence.

1149.  When the jury appear they must be asked by the Court, or
Clerk, whether they have agreed upon their verdict, and if the
foreman answers in the affirmative, they must, on being required,
declare the same.

1150.  The jury must render a general verdict, except that in a
felony case, when they are in doubt as to the legal effect of the
facts proved, they may, except upon a trial for libel, find a special
verdict.

1151.  A general verdict upon a plea of not guilty is either "guilty"
or "not guilty," which imports a conviction or acquittal of the
offense charged in the accusatory pleading. Upon a plea of a former
conviction or acquittal of the offense charged, or upon a plea of
once in jeopardy, the general verdict is either "for the people" or
"for the defendant." When the defendant is acquitted on the ground of
a variance between the accusatory pleading and the proof, the
verdict is "not guilty by reason of variance between charge and
proof."

1152.  A special verdict is that by which the jury find the facts
only, leaving the judgment to the Court. It must present the
conclusions of fact as established by the evidence, and not the
evidence to prove them, and these conclusions of fact must be so
presented as that nothing remains to the Court but to draw
conclusions of law upon them.

1153.  The special verdict must be reduced to writing by the jury,
or in their presence entered upon the minutes of the Court, read to
the jury and agreed to by them, before they are discharged.

1154.  The special verdict need not be in any particular form, but
is sufficient if it presents intelligibly the facts found by the
jury.

1155.  The court must give judgment upon the special verdict as
follows:
   1. If the plea is not guilty, and the facts prove the defendant
guilty of the offense charged in the indictment or information, or of
any other offense of which he could be convicted under that
indictment or information, judgment must be given accordingly. But if
otherwise, judgment of acquittal must be given.
   2. If the plea is a former conviction or acquittal or once in
jeopardy of the same offense, the court must give judgment of
acquittal or conviction, as the facts prove or fail to prove the
former conviction or acquittal or jeopardy.

1156.  If the jury do not, in a special verdict, pronounce
affirmatively or negatively on the facts necessary to enable the
court to give judgment, or if they find the evidence of facts merely,
and not the conclusions of fact, from the evidence, as established
to their satisfaction, the court shall direct the jury to retire and
return another special verdict. The court may explain to the jury the
defect or insufficiency in the special verdict returned, and the
form which the special verdict to be returned must take.

1157.  Whenever a defendant is convicted of a crime or attempt to
commit a crime which is distinguished into degrees, the jury, or the
court if a jury trial is waived, must find the degree of the crime or
attempted crime of which he is guilty. Upon the failure of the jury
or the court to so determine, the degree of the crime or attempted
crime of which the defendant is guilty, shall be deemed to be of the
lesser degree.

1158.  Whenever the fact of a previous conviction of another offense
is charged in an accusatory pleading, and the defendant is found
guilty of the offense with which he is charged, the jury, or the
judge if a jury trial is waived, must unless the answer of the
defendant admits such previous conviction, find whether or not he has
suffered such previous conviction. The verdict or finding upon the
charge of previous conviction may be: "We (or I) find the charge of
previous conviction true" or "We (or I) find the charge of previous
conviction not true," according as the jury or the judge find that
the defendant has or has not suffered such conviction. If more than
one previous conviction is charged a separate finding must be made as
to each.

1158a.  (a) Whenever the fact that a defendant was armed with a
weapon either at the time of his commission of the offense or at the
time of his arrest, or both, is charged in accordance with section
969c of this code, in any count of the indictment or information to
which the defendant has entered a plea of not guilty, the jury, if
they find a verdict of guilty of the offense with which the defendant
is charged, or of any offense included therein, must also find
whether or not the defendant was armed as charged in the count to
which the plea of not guilty was entered. The verdict of the jury
upon a charge of being armed may be: "We find the charge of being
armed contained in the ____ count true," or "We find the charge of
being armed contained in the ____ count not true," as they find that
the defendant was or was not armed as charged in any particular count
of the indictment or information. A separate verdict upon the charge
of being armed must be returned for each count which alleges that
the defendant was armed.
   (b) Whenever the fact that a defendant used a firearm is charged
in accordance with Section 969d in any count of the indictment or
information to which the defendant has entered a plea of not guilty,
the jury if they find a verdict of guilty of the offense with which
the defendant is charged must also find whether or not the defendant
used a firearm as charged in the count to which the plea of not
guilty was entered. A verdict of the jury upon a charge of using a
firearm may be: "We find the charge of using a firearm contained in
the ____ count true," or "We find the charge of using a firearm
contained in the ____ count not true," as they find that the
defendant used or did not use a firearm as charged in any particular
count of the indictment or information. A separate verdict upon the
charge of using a firearm shall be returned for each count which
alleges that defendant used a firearm.

1159.  The jury, or the judge if a jury trial is waived, may find
the defendant guilty of any offense, the commission of which is
necessarily included in that with which he is charged, or of an
attempt to commit the offense.

1160.  On a charge against two or more defendants jointly, if the
jury cannot agree upon a verdict as to all, they may render a verdict
as to the defendant or defendants in regard to whom they do agree,
on which a judgment must be entered accordingly, and the case as to
the other may be tried again.
   Where two or more offenses are charged in any accusatory pleading,
if the jury cannot agree upon a verdict as to all of them, they may
render a verdict as to the charge or charges upon which they do
agree, and the charges on which they do not agree may be tried again.

1161.  When there is a verdict of conviction, in which it appears to
the Court that the jury have mistaken the law, the Court may explain
the reason for that opinion and direct the jury to reconsider their
verdict, and if, after the reconsideration, they return the same
verdict, it must be entered; but when there is a verdict of
acquittal, the Court cannot require the jury to reconsider it. If the
jury render a verdict which is neither general nor special, the
Court may direct them to reconsider it, and it cannot be recorded
until it is rendered in some form from which it can be clearly
understood that the intent of the jury is either to render a general
verdict or to find the facts specially and to leave the judgment to
the Court.

1162.  If the jury persist in finding an informal verdict, from
which, however, it can be clearly understood that their intention is
to find in favor of the defendant upon the issue, it must be entered
in the terms in which it is found, and the Court must give judgment
of acquittal. But no judgment of conviction can be given unless the
jury expressly find against the defendant upon the issue, or judgment
is given against him on a special verdict.

1163.  When a verdict is rendered, and before it is recorded, the
jury may be polled, at the request of either party, in which case
they must be severally asked whether it is their verdict, and if any
one answer in the negative, the jury must be sent out for further
deliberation.

1164.  (a) When the verdict given is receivable by the court, the
clerk shall record it in full upon the minutes, and if requested by
any party shall read it to the jury, and inquire of them whether it
is their verdict. If any juror disagrees, the fact shall be entered
upon the minutes and the jury again sent out; but if no disagreement
is expressed, the verdict is complete, and the jury shall, subject to
subdivision (b), be discharged from the case.
   (b) No jury shall be discharged until the court has verified on
the record that the jury has either reached a verdict or has formally
declared its inability to reach a verdict on all issues before it,
including, but not limited to, the degree of the crime or crimes
charged, and the truth of any alleged prior conviction whether in the
same proceeding or in a bifurcated proceeding.

1165.  Where a general verdict is rendered or a finding by the court
is made in favor of the defendant, except on a plea of not guilty by
reason of insanity, a judgment of acquittal must be forthwith given.
If such judgment is given, or a judgment imposing a fine only,
without imprisonment for nonpayment is given, and the defendant is
not detained for any other legal cause, he must be discharged, if in
custody, as soon as the judgment is given, except that where the
acquittal is because of a variance between the pleading and the proof
which may be obviated by a new accusatory pleading, the court may
order his detention, to the end that a new accusatory pleading may be
preferred, in the same manner and with like effect as provided in
Section 1117.

1166.  If a general verdict is rendered against the defendant, or a
special verdict is given, he or she must be remanded, if in custody,
or if on bail he or she shall be committed to the proper officer of
the county to await the judgment of the court upon the verdict,
unless, upon considering the protection of the public, the
seriousness of the offense charged and proven, the previous criminal
record of the defendant, the probability of the defendant failing to
appear for the judgment of the court upon the verdict, and public
safety, the court concludes the evidence supports its decision to
allow the defendant to remain out on bail. When committed, his or her
bail is exonerated, or if money is deposited instead of bail it must
be refunded to the defendant or to the person or persons found by
the court to have deposited said money on behalf of said defendant.

1167.  When a jury trial is waived, the judge or justice before whom
the trial is had shall, at the conclusion thereof, announce his
findings upon the issues of fact, which shall be in substantially the
form prescribed for the general verdict of a jury and shall be
entered upon the minutes.

1168.  (a) Every person who commits a public offense, for which any
specification of three time periods of imprisonment in any state
prison is now prescribed by law or for which only a single term of
imprisonment in state prison is specified shall, unless such
convicted person be placed on probation, a new trial granted, or the
imposing of sentence suspended, be sentenced pursuant to Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2.
   (b) For any person not sentenced under such provision, but who is
sentenced to be imprisoned in the state prison, including
imprisonment not exceeding one year and one day, the court imposing
the sentence shall not fix the term or duration of the period of
imprisonment.


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