Is a defendant entitled to funds for ancillary defense services if the accused does not seek the death penalty?
California, United States of America
The following excerpt is from Bright, In re, 13 Cal.App.4th 1664, 17 Cal.Rptr.2d 105 (Cal. App. 1993):
Thus, where the People stipulate the death penalty will not be sought, the accused is not entitled to funds for ancillary defense services because the case is "no longer capital for purposes of section 987.9 funding." (Sand v. Superior Court, supra, 34 Cal.3d at p. 575, 194 Cal.Rptr. 480, 668 P.2d 787.)
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