What is the test for a prior-murder special-circumstance finding based on a conviction of a minor?
California, United States of America
The following excerpt is from People v. Trevino, 109 Cal.Rptr.2d 567, 26 Cal.4th 237, 27 P.3d 283 (Cal. 2001):
In a footnote, we added: "We express no views as to the validity of a prior-murder special-circumstance finding which is based on the conviction of a defendant under the age of 16 in a jurisdiction which permits such a minor to be tried as an adult." (People v. Andrews, supra, 49 Cal.3d 200, 223, fn. 19, 260 Cal.Rptr. 583, 776 P.2d 285.)
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