What is the impact of a death sentence on a defendant's right to appeal against his sentence?

California, United States of America


The following excerpt is from People v. Sánchez, 204 Cal.Rptr.3d 682, 375 P.3d 812, 63 Cal.4th 411 (Cal. 2016):

11 We do provide intracase proportionality review on request. (People v. Rountree, supra, 56 Cal.4th at p. 860, 157 Cal.Rptr.3d 1, 301 P.3d 150.) Defendant does not request it, but, even if he did, such review would not aid him. Given the extraordinarily callous and brutal nature of the crimes, defendant's death sentence is neither disproportionate to his individual culpability nor shocking to the conscience. (Ibid. )

11 We do provide intracase proportionality review on request. (People v. Rountree, supra, 56 Cal.4th at p. 860, 157 Cal.Rptr.3d 1, 301 P.3d 150.) Defendant does not request it, but, even if he did, such review would not aid him. Given the extraordinarily callous and brutal nature of the crimes, defendant's death sentence is neither disproportionate to his individual culpability nor shocking to the conscience. (Ibid. )

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