Does Section 190.2(a)(2) of the California Criminal Code apply to a defendant who has been convicted of a prior-murder charge?

California, United States of America


The following excerpt is from People v. Johnson, 197 Cal.Rptr.3d 461, 364 P.3d 359, 62 Cal.4th 600 (Cal. 2016):

unambiguous language and purpose of section 190.2(a)(2)... require that a person such as defendant, already convicted of murder in a prior proceeding, must be considered eligible for the death penalty if convicted of first degree murder in a subsequent trial. The order of the commission of the homicides is immaterial." (People v. Hendricks (1987) 43 Cal.3d 584, 596, 238 Cal.Rptr. 66, 737 P.2d 1350.)

Defendant acknowledges that this court has repeatedly rejected constitutional challenges to the prior-murder special circumstance provision, but asks that we reconsider our prior pronouncements in this regard. Because he provides no new argument or legal developments warranting reexamination of our prior decisions, we decline his invitation to do so. (See People v. Rogers (2013) 57 Cal.4th 296, 340344, 159 Cal.Rptr.3d 626, 304 P.3d 124 ; People v. Gurule (2002) 28 Cal.4th 557, 635637, 123 Cal.Rptr.2d 345, 51 P.3d 224.)

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