California v. Webb

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A jury convicted James Webb of first degree murder, and found true the special allegation of using a knife in the commission of the offense. On appeal, Webb argued the trial court had a sua sponte duty to instruct the jury on the defense of duress (CALCRIM No. 3402). He also claimed CALCRIM No. 548 erroneously instructed the jury it did not need to agree on the theory of murder when the two theories corresponded to different degrees. The Court of Appeal found after review of the record that "Webb repeatedly lied, kept changing his story, and could not paint a coherent picture linking any threats to his admitted conduct. ... even if some jury could believe he acted under duress, it is clear this jury didn't. Webb consistently denied carrying a knife or having anything to do with the actual killing. By finding that he had personally used a knife during the commission of the crime, the jury rejected his versions of events, including any possible theory of duress." Therefore, the Court determined the trial court did not have a duty to instruct the jury on the defense of duress. The Court also determined that to the extent CALCRIM No. 548 could be read to suggest unanimity was not required as to the degree of murder, the error was harmless beyond a reasonable doubt. Remand was required solely for a restitution hearing, but in all other respects the Court affirmed the judgment. View "California v. Webb" on Justia Law