Is Section 190.1 of the California Death Penalty Code applicable to a case in which the death penalty may be imposed?

California, United States of America


The following excerpt is from People v. Buckley, 183 Cal.App.3d 489, 228 Cal.Rptr. 128 (Cal. App. 1986):

Section 190.1, "the statute's procedural exordium" (Owen v. Superior Court (1979) 88 Cal.App.3d 757, 759, 152 Cal.Rptr. 88), describes the provisions to come as applicable to "[a] case in which the death penalty may be imposed," and provides for trial in separate phases as follows:

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