What is the penalty for murder with special circumstances?
California, United States of America
The following excerpt is from The People v. Robles, B209120, No. GA054170 (Cal. App. 2010):
The statutory penalty for murder with special circumstances is death or life imprisonment without the possibility of parole. ( 190.2, subd. (a).) The trial court has no discretion to strike a special circumstance finding in order impose a lesser penalty. (People v. Mora (1995) 39 Cal.App.4th 607, 614.) It does have the authority to prevent imposition of a punishment that it believes is cruel or unusual, however. (Id. at p. 615.)
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