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40 Cal. Rptr. 3d 607

129 P.3d 880

Docket No. S139609.

People v. Pitto

California Supreme Court

Decided February 8, 2006.

California Supreme Court · decided 2006-02-08

Relies on 10 Cal. 4th 991 - People v. Bland

Decided 2006-02-08

¶1Review granted on court's own motion.

¶2Review is granted on the court's own motion.

¶3For purposes of briefing and argument, the Attorney General is designated petitioner in this court and is directed to file a brief on the merits.

¶4Answers thereto will be filed by respondent. (See Cal. Rules of Court, rule 29.1.)

¶5The parties are directed to brief the following issues:

¶61) Did CALJIC No. 17.15, as given by the trial court here, adequately apprise the jury of the need for a "facilitative nexus" between the handgun and the underlying crime, as those terms are utilized in People v. Bland (1995) 10 Cal.4th 991, 43 Cal. Rptr.2d 77, 898 P.2d 391?

¶72) If not, did the trial court have a sua sponte duty to modify the instruction given?

¶8*608 3) Was any instructional omission prejudicial?"

¶9CHIN, J., was absent and did not participate.

¶10GEORGE, C.J., KENNARD, BAXTER, WERDEGAR, MORENO, and CORRIGAN, JJ., concur.

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