Stone rule in California

2020(Stone, supra, 46 Cal.4th at p. 140 .) He could at least be found guilty of attempting to murder the five victims he wounded when 10 shots were fired.

2020(Stone, supra, 46 Cal.4th at p. 140 .) He could at least be found guilty of attempting to murder the five victims he wounded when 10 shots were fired.

2025(Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980 ; Aldrich v. San Fernando Valley Lumber Co. (1985) 170 Cal.App.3d 725, 735, fn. 3 [“[t]he six-month time limit for granting relief under section 473 is jurisdictional”]; Kokubu v. Sudo (2022) 76 Cal.App.5th 1074 , 1082 [trial court’s order will be affirmed if supported by any legal theory].) 18 DISPOSITION The order denying Stone’s motion to vacate the renewal of judgment is affirmed.

2025(Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980 ; Aldrich v. San Fernando Valley Lumber Co. (1985) 170 Cal.App.3d 725, 735, fn. 3 [“[t]he six-month time limit for granting relief under section 473 is jurisdictional”]; Kokubu v. Sudo (2022) 76 Cal.App.5th 1074 , 1082 [trial court’s order will be affirmed if supported by any legal theory].) 18 DISPOSITION The order denying Stone’s motion to vacate the renewal of judgment is affirmed.

2023The only theory under which the jury could have convicted him is a theory that is still a valid theory, and for those reasons the petition is denied.” On August 21, 2023, defendant filed a notice of appeal from the denial of his section 1172.6 petition. 521 (willful, deliberate, and premeditated theory of first degree murder); 522 (effect of provocation to reduce murder from first to second); 570 (heat of passion); 571 (imperfect self-defense); 505 (justifiable homicide—perfect self-defense); 3471 (right of self-defense, mutual combat or initial aggressor); 3472 (right to self-defense may not

2023The only theory under which the jury could have convicted him is a theory that is still a valid theory, and for those reasons the petition is denied.” On August 21, 2023, defendant filed a notice of appeal from the denial of his section 1172.6 petition. 521 (willful, deliberate, and premeditated theory of first degree murder); 522 (effect of provocation to reduce murder from first to second); 570 (heat of passion); 571 (imperfect self-defense); 505 (justifiable homicide—perfect self-defense); 3471 (right of self-defense, mutual combat or initial aggressor); 3472 (right to self-defense may not

2023The only theory under which the jury could have convicted him is a theory that is still a valid theory, and for those reasons the petition is denied.” On August 21, 2023, defendant filed a notice of appeal from the denial of his section 1172.6 petition. 521 (willful, deliberate, and premeditated theory of first degree murder); 522 (effect of provocation to reduce murder from first to second); 570 (heat of passion); 571 (imperfect self-defense); 505 (justifiable homicide—perfect self-defense); 3471 (right of self-defense, mutual combat or initial aggressor); 3472 (right to self-defense may not

2023The only theory under which the jury could have convicted him is a theory that is still a valid theory, and for those reasons the petition is denied.” On August 21, 2023, defendant filed a notice of appeal from the denial of his section 1172.6 petition. 521 (willful, deliberate, and premeditated theory of first degree murder); 522 (effect of provocation to reduce murder from first to second); 570 (heat of passion); 571 (imperfect self-defense); 505 (justifiable homicide—perfect self-defense); 3471 (right of self-defense, mutual combat or initial aggressor); 3472 (right to self-defense may not

2019The question here is whether the Stone rule has been abrogated by the United States Supreme Court's decision in Blueford v. Arkansas (2012) 566 U.S. 599 , 132 S.Ct. 2044 , 182 L.Ed.2d 937 ( Blueford ), which concluded that federal double jeopardy principles do not require a court to accept a partial verdict.

2019The question here is whether the Stone rule has been abrogated by the United States Supreme Court's decision in Blueford v. Arkansas (2012) 566 U.S. 599 , 132 S.Ct. 2044 , 182 L.Ed.2d 937 ( Blueford ), which concluded that federal double jeopardy principles do not require a court to accept a partial verdict.

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019(See Stone, at p. 516, 183 Cal.Rptr. 647 , 646 P.2d 809 [referencing "the double jeopardy clause" without differentiation].) We conclude the Stone rule survives as an interpretation of California's double jeopardy clause. "[T]he California Constitution is a document of independent force and effect that may be interpreted in a manner more protective of defendants' rights than that extended by the federal Constitution, as construed by the United States Supreme Court." ( People v. Fields (1996) 13 Cal.4th 289 , 298, 52 Cal.Rptr.2d 282 , 914 P.2d 832 ( Fields ).) The state double jeopardy clause w

2019(See Stone, at p. 516, 183 Cal.Rptr. 647 , 646 P.2d 809 [referencing "the double jeopardy clause" without differentiation].) We conclude the Stone rule survives as an interpretation of California's double jeopardy clause. "[T]he California Constitution is a document of independent force and effect that may be interpreted in a manner more protective of defendants' rights than that extended by the federal Constitution, as construed by the United States Supreme Court." ( People v. Fields (1996) 13 Cal.4th 289 , 298, 52 Cal.Rptr.2d 282 , 914 P.2d 832 ( Fields ).) The state double jeopardy clause w

2019The jury must declare in open court if it has unanimously agreed to a verdict and, if the jury agrees on some counts and not others, the court must accept the verdicts upon which the jury agrees. ( § 1160 ; cf. People v. Anzalone (2013) 56 Cal.4th 545 , 555, 155 Cal.Rptr.3d 352 , 298 P.3d 849 [§ 1149 part of "procedural provisions designed to protect the right to a unanimous verdict"].) The Stone rule, allowing verdicts of acquittal for a greater offense when the jury unanimously agrees, is fully consistent with a statutory scheme that generally requires a jury to announce when it agrees and r

2019The jury must declare in open court if it has unanimously agreed to a verdict and, if the jury agrees on some counts and not others, the court must accept the verdicts upon which the jury agrees. ( § 1160 ; cf. People v. Anzalone (2013) 56 Cal.4th 545 , 555, 155 Cal.Rptr.3d 352 , 298 P.3d 849 [§ 1149 part of "procedural provisions designed to protect the right to a unanimous verdict"].) The Stone rule, allowing verdicts of acquittal for a greater offense when the jury unanimously agrees, is fully consistent with a statutory scheme that generally requires a jury to announce when it agrees and r

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019Without the rule, a general declaration of mistrial would disguise the fact that the jury agreed the defendant was not guilty of the greater offense, making the defendant subject to retrial on both the greater and lesser offenses." ( Anderson , supra , 47 Cal.4th at p. 114 , 97 Cal.Rptr.3d 77 , 211 P.3d 584 .) We further clarified in People v. Kurtzman (1988) 46 Cal.3d 322 , 250 Cal.Rptr. 244 , 758 P.2d 572 ( Kurtzman ) that, although a jury may consider the charges in any order, "the jury must acquit of the greater offense before returning a verdict on the lesser included offense ...." ( Id .

2019Without the rule, a general declaration of mistrial would disguise the fact that the jury agreed the defendant was not guilty of the greater offense, making the defendant subject to retrial on both the greater and lesser offenses." ( Anderson , supra , 47 Cal.4th at p. 114 , 97 Cal.Rptr.3d 77 , 211 P.3d 584 .) We further clarified in People v. Kurtzman (1988) 46 Cal.3d 322 , 250 Cal.Rptr. 244 , 758 P.2d 572 ( Kurtzman ) that, although a jury may consider the charges in any order, "the jury must acquit of the greater offense before returning a verdict on the lesser included offense ...." ( Id .

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019The touchstone of a jury verdict of acquittal is the jury's manifestation of a definite and final intent to acquit of the offense." ( Bigelow v. Superior Court (1989) 208 Cal.App.3d 1127 , 1134, 256 Cal.Rptr. 528 .) The Stone rule simply provides a mechanism by which a jury may formally render an acquittal verdict on a greater offense, providing clarity to what otherwise may be considered an informal verdict of acquittal.

2019The touchstone of a jury verdict of acquittal is the jury's manifestation of a definite and final intent to acquit of the offense." ( Bigelow v. Superior Court (1989) 208 Cal.App.3d 1127 , 1134, 256 Cal.Rptr. 528 .) The Stone rule simply provides a mechanism by which a jury may formally render an acquittal verdict on a greater offense, providing clarity to what otherwise may be considered an informal verdict of acquittal.

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2019As the most recent of the pre- Blueford cases summarizes, "Several other jurisdictions have addressed this issue, and the majority has held that if a single charge includes multiple degrees of offenses, the trial court may not conduct a partial verdict inquiry as to the offenses included within the charge. [Citing State v. Bell (Iowa 1982) 322 N.W.2d 93 , 95, State v. McKay (1975) 217 Kan. 11 , 535 P.2d 945 , 947, People v. Hall (1975) 25 Ill.App.3d 992 , 324 N.E.2d 50 , 52-53, Commonwealth v. Roth (2002) 437 Mass. 777 , 776 N.E.2d 437 , 450, People v. Hickey (1981) 103 Mich.App. 350 , 303 N.W

2016(See REO Broadcasting, supra, 69 Cal.App.4th at p. 500 ; Claudio, supra, 134 Cal.App.4th at p. 230 ; Christoff, supra, 134 Cal.App.4th at p. 125 .) In any event, for reasons similar to those discussed above, we conclude no triable issues of fact exist concerning Stone’s claim for retaliation under FEHA.

2016(See REO Broadcasting, supra, 69 Cal.App.4th at p. 500 ; Claudio, supra, 134 Cal.App.4th at p. 230 ; Christoff, supra, 134 Cal.App.4th at p. 125 .) In any event, for reasons similar to those discussed above, we conclude no triable issues of fact exist concerning Stone’s claim for retaliation under FEHA.

2016(See REO Broadcasting, supra, 69 Cal.App.4th at p. 500 ; Claudio, supra, 134 Cal.App.4th at p. 230 ; Christoff, supra, 134 Cal.App.4th at p. 125 .) In any event, for reasons similar to those discussed above, we conclude no triable issues of fact exist concerning Stone’s claim for retaliation under FEHA.

2016(See REO Broadcasting, supra, 69 Cal.App.4th at p. 500 ; Claudio, supra, 134 Cal.App.4th at p. 230 ; Christoff, supra, 134 Cal.App.4th at p. 125 .) In any event, for reasons similar to those discussed above, we conclude no triable issues of fact exist concerning Stone’s claim for retaliation under FEHA.

2016(See REO Broadcasting, supra, 69 Cal.App.4th at p. 500 ; Claudio, supra, 134 Cal.App.4th at p. 230 ; Christoff, supra, 134 Cal.App.4th at p. 125 .) In any event, for reasons similar to those discussed above, we conclude no triable issues of fact exist concerning Stone’s claim for retaliation under FEHA.