People v. Brown

Defendant was convicted of 2nd degree murder. Jury signed 2 verdict forms:  not guilty of 1st degree murder and guilty of 2nd degree murder. Jury also signed verdict forms stating that Defendant was not guilty of 1st degree murder and that allegation that Defendant had personally discharged weapon was proven. Jury did not follow instructions because it filled out more than 1 verdict form. Evidence was sufficient for jury to find that Defendant was aggressor and not justified in using deadly force. Jury's inconsistent verdicts did not deny Defendant a substantial right.(LYTTON, concurring; McDADE, dissenting).