People v. Lobato

In People v. Lobato (2003) 109 Cal.App.4th 762, the defendant was charged with being "substantially involved" in a conspiracy relating to the sale, transportation or possession of methamphetamine that exceeded four kilograms by weight. The verdict form in Lobato omitted a specific finding that the defendant was "substantially involved" in the conspiracy, and Lobato argued that the lack of a finding of substantial involvement constituted reversible error. The Lobato court rejected the defendant's argument because the jury had been instructed that the defendant must have been "'substantially involved'" in the conspiracy. (Lobato, at pp. 765-766.) The court stated that, "where the jury is fully instructed as to each element of the enhancement, it is not necessary for the verdict to enumerate each of those elements. ." (Id. at p. 766.)