Does the Attorney General have the power to resent the death penalty to the wrong person?

California, United States of America


The following excerpt is from Bray, In re, 158 Cal.Rptr. 745, 97 Cal.App.3d 506 (Cal. App. 1979):

5 Interestingly, Florida prisoners who had been tried and sentenced under the unconstitutional death penalty statute were all resentenced to life imprisonment. (Dobbert v. Florida, supra, 432 U.S. 282, 301, 97 S.Ct. 2290, 2302, 53 L.Ed.2d 344, 361.) The Attorney General has not argued that in that case Florida could have resentenced these prisoners to death.

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