What is the effect of a jury finding that two felonies arising from an indivisible course of conduct are separate aggravating circumstances?
California, United States of America
The following excerpt is from People v. Melton, 244 Cal.Rptr. 867, 44 Cal.3d 713, 750 P.2d 741 (Cal. 1988):
I concur in the judgment. I disagree, however, with language in the majority opinion which declares, contrary to the views we expressed in People v. Harris (1984) 36 Cal.3d 36, 65, 201 Cal.Rptr. 782, 679 P.2d 433, that two felonies arising from an indivisible course of conduct may be weighed as separate aggravating circumstances by the penalty jury.
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