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People V. Brown

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eBook details

  • Title: People V. Brown
  • Author : Supreme Court Of California
  • Release Date : January 02, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

In 1982, defendant was convicted of rape and first degree murder with special circumstances, and sentenced to death. We affirmed the guilt judgment and special circumstances findings, but reversed the penalty judgment. (People v. Brown (1985) 40 Cal. 3d 512 [220 Cal. Rptr. 637, 709 P.2d 440] [ Brown I ].) The United States Supreme Court granted certiorari, and thereafter reversed the judgment of this court and remanded for further proceedings. (California v. Brown (1987) 479 U.S. 538, 543 [93 L.Ed.2d 934, 941, 107 S.Ct. 837].) Our opinion on remand found no error requiring retrial of the guilt or penalty issues, but because the trial court erred in its ruling on defendant's automatic motion to modify the verdict (Pen. Code, § 190.4, subd. (e)), we reversed the penalty judgment and remanded "to the trial court solely for prompt consideration of the automatic motion for modification of verdict." (People v. Brown (1988) 45 Cal. 3d 1247, 1264 [248 Cal. Rptr. 817, 756 P.2d 204] [ Brown II ].)


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