What are the consequences of a reduction of a charge of first degree murder to second degree murder on appeal?
California, United States of America
The following excerpt is from People v. Phung, G058301 (Cal. App. 2020):
Upon remand, the prosecution accepted the reduction of defendant's conviction to second degree murder, and the court imposed a total prison term of 40 years to life. We affirmed the judgment in defendant's second appeal. (People v. Phung (Jan. 7, 2016, G052035) [nonpub. opn.].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
How have courts reduced the charge of second degree murder from first degree to second degree? (California, United States of America)
What are the consequences of a jury finding a defendant guilty of a range of charges including first degree murder, second degree burglary and felonious evasion of a police officer? (California, United States of America)
What are the consequences of a jury finding that a defendant guilty of a charge of first-degree murder and two counts of second-degree arson? (California, United States of America)
In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)
Does the prosecution of a defendant in a second degree felony murder case proceed on a different theory than a first degree felony charge? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
Does a court have a duty to instruct a sua sponte on the provocation that would reduce first degree murder to second-degree murder? (California, United States of America)
