Can a single multiple-murder special circumstance finding support multiple sentences of life without parole?

California, United States of America


The following excerpt is from People v. Tauch, B257033 (Cal. App. 2015):

The jury found two multiple-murder special circumstances true, one for each murder count. Appellant asks us to vacate the multiple-murder special circumstance finding for count 2 as superfluous. Respondent agrees. They are correct that there can only be one multiple-murder special-circumstance finding in a multiple-murder case. (See People v. Halvorsen (2007) 42 Cal.4th 379, 422.) The remedy is to strike the finding as to count 2. Appellant's sentence is not otherwise affected. (People v. Garnica (1994) 29 Cal.App.4th 1558, 1564 [a single multiple-murder special-circumstance finding can support multiple sentences of life without parole].)

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