What evidence exists to support a robbery-murder special circumstance?
California, United States of America
The following excerpt is from People v. Valdez, 32 Cal.4th 73, 8 Cal.Rptr.3d 271, 82 P.3d 296 (Cal. 2004):
We held this evidence was insufficient to support the robbery-murder special circumstance. We noted that "[t]he record contains no evidence that any personal property was in the victim's possession at the time of the murder, or that any personal property of the victim was ever recovered subsequent to the murder with the
[82 P.3d 302]
possible exception of the credit card." (People v. Morris, supra, 46 Cal.3d at p. 20, 249 Cal.Rptr. 119, 756 P.2d 843, italics added.) That the murder did not occur during the commission of a robbery was supported by the fact the victim was not wearing any clothing when he was killed, and evidence existed that the defendant's motive for visiting the bathhouse was to prostitute himself.[82 P.3d 302]
"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
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
What is the evidence that supports the argument that the evidence supports the proposition that there is no evidence supporting the claim? (California, United States of America)
If evidence supports the special-circumstance finding of lying in wait, does that necessarily support the first degree murder verdict based on the theory of lying-in-wait? (California, United States of America)
If evidence supports the special-circumstance finding of lying in wait, does that necessarily support the first degree murder verdict based on the theory of lying-in-wait? (California, United States of America)
When the evidence is sufficient to sustain some but not all alleged damages, when the evidence does not support all of the damages, will the court reduce the judgment to the amount supported by the evidence? (California, United States of America)
Is there a "special circumstance" where a jury did not return a finding on the alleged special circumstance? (California, United States of America)
What evidence supports the conviction and special-circumstance finding for the murder of a man at a bathhouse? (California, United States of America)
What is the evidence that supports a claim that the evidence supports the claim? (California, United States of America)
Does the amendment to the lying-in-wait special circumstance in a murder case in which there is a distinction between the special circumstance and lying in-wait first degree murder? (California, United States of America)
Does a jury have to find intent to kill to sustain a special circumstance allegation in an attempted robbery special circumstance? (California, United States of America)
