California, United States of America
The following excerpt is from People v. Chavez, B223222 (Cal. App. 2011):
charge for the jury's consideration so close to the end of trial. As the court in People v. Bean, supra, 46 Cal.3d 919, 935 explained, "[a] jury not otherwise convinced beyond a reasonable doubt of the defendant's guilt of one or more of the charged offenses might permit the knowledge of the defendant's other criminal activity to tip the balance and convict him." (Id. at p. 936.) Although the home-invasion robbery was not a death-penalty offense, we cannot conclude that its spillover effect did not influence the verdict in the murder charge which did carry the death penalty.
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.