Does a sentence of death need to be reversed?
California, United States of America
The following excerpt is from People v. Johnson, 190 Cal.Rptr.3d 536, 353 P.3d 266, 61 Cal.4th 734 (Cal. 2015):
We agree that the sentence of death as to Lopez must be reversed because such a sentence is not authorized for second degree murder. (People v. Rogers (2009) 46 Cal.4th 1136, 1174, 95 Cal.Rptr.3d 652, 209 P.3d 977.) But this error does not require the reversal of the entire penalty phase judgment.
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