Is there any case law supporting a defense motion to strike a special circumstance?

California, United States of America


The following excerpt is from People v. Sanders, 273 Cal.Rptr. 537, 51 Cal.3d 471, 797 P.2d 561 (Cal. 1990):

24 Defendant contends his decision to decline to present any mitigating evidence was not a fully informed decision because he was not told that the trial court possessed the power to strike the special circumstances and thus make him eligible for parole. (People v. Williams (1981) 30 Cal.3d 470, 489, 179 Cal.Rptr. 443, 637 P.2d 1029.) This assertion is belied by the record, which shows that a defense motion to set aside the special circumstance findings was denied by the trial court prior to presentation of evidence at the penalty phase.

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