Does a summary denial of a pretrial petition for extraordinary relief prevent a defendant from appealing against his conviction and sentence to death for a violent crime committed while he was still a minor?

California, United States of America


The following excerpt is from People v. Jones, 11 Cal. Daily Op. Serv. 1438, 121 Cal.Rptr.3d 1, 2011 Daily Journal D.A.R. 1709, 247 P.3d 82, 51 Cal.4th 346 (Cal. 2011):

3. With respect to this and other claims on appeal, defendant argues that the asserted error also violated various of his constitutional rights. Before trial, the court agreed that any objection by defendant would be deemed to include an objection on federal and state constitutional grounds. The constitutional claims do not invoke facts or legal standards different from those defendant asked the trial court to apply but merely assert that the alleged errors were also constitutional violations. Because we find no error, we necessarily also find no constitutional violation. Accordingly, we provide no separate constitutional discussion. (See People v. Boyer (2006) 38 Cal.4th 412, 441, fn. 17, 42 Cal.Rptr.3d 677, 133 P.3d 581.)

4. A summary denial of a pretrial petition for extraordinary relief does not establish law of the case precluding consideration of the issue on appeal following final judgment. ( Kowis v. Howard (1992) 3 Cal.4th 888, 891, 12 Cal.Rptr.2d 728, 838 P.2d 250.) Accordingly, the denial of the pretrial petition does not affect our resolution of this issue on appeal.

5. In some circumstances, the prosecution may, on a defendant's appeal, obtain review of adverse rulings in order to secure affirmance of the judgment. (See People v. Braeseke (1979) 25 Cal.3d 691, 701, 159 Cal.Rptr. 684, 602 P.2d 384.) But those circumstances are exceptions to the general rule.

6. The fact that defendant had pleaded guilty to receiving stolen property and that the robbery charges were dismissed does not preclude the prosecution from proving the robbery at the penalty phase. ( People v. Rodrigues, supra, 8 Cal.4th at p. 1157, 36 Cal.Rptr.2d 235, 885 P.2d 1.)

7. We do conduct intracase proportionality review to determine whether a sentence of death is disproportionate to the defendant's personal culpability. Defendant does not request such review, but it would not aid him. Already a veteran of violent criminal conduct, the 29yearold defendant was clearly the leader, not a follower, in this crime. He involved a group of youths in the crime and induced the juvenile A.J. to participate. He and A.J. robbed, hog-tied, and murdered an elderly married couple in their own home. The death sentence is not disproportionate to defendant's personal culpability, and it does not shock the conscience. ( People v. Kelly, supra, 42 Cal.4th at p. 800, 68 Cal.Rptr.3d 531, 171 P.3d 548.)

Other Questions


Is a defendant who commits a violent crime against several victims more culpable than a violent offender who commits violent crimes against one person more than one? (California, United States of America)
Does a defendant who committed a crime under a different sentencing scheme that existed at the time he committed the crime be sentenced to a different sentence? (California, United States of America)
Can the Court of Appeal strike a sentence of death against a defendant who has been convicted of murder and sentenced to death by reason of gross negligence? (California, United States of America)
When a defendant has been convicted of multiple violent sex crimes as defined in section 667.61, subdivision (i) of the California Criminal Code, what is the appropriate sentence for each sex crime committed on separate occasions? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
Can a court correct an error that resulted in a sentence being issued to a defendant who was convicted of a lesser crime but who is convicted of the lesser crime of assault? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
If a jury finds that a person sentenced to death for a crime committed while on death row has not been found guilty of the crime, does this constitute a miscarriage of justice? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Can a convicted felon who has completed his sentence for a conviction for a crime committed under Proposition 47, who would have been guilty of a misdemeanor under the same legislation, apply to have the conviction reduced to a misdemeanor? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.