What is the test for vacating a single multiple-murder special circumstance finding?
California, United States of America
The following excerpt is from People v. Alcala, E065160 (Cal. App. 2017):
Defendant was convicted of two counts of first degree murder, and the jury made true findings on two multiple-murder special circumstances. ( 190.2, subd. (a)(3).)6 Only one multiple-murder special circumstance may be found true. (People v. Halvorsen (2007) 42 Cal.4th 379, 422.) The appropriate remedy is to strike or vacate the superfluous finding. (Ibid.)
Page 17
We vacate one multiple-murder special-circumstances finding and otherwise affirm the judgment.
"The most advanced legal research software ever built."
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.
Other Questions
Is there a "special circumstance" where a jury did not return a finding on the alleged special circumstance? (California, United States of America)
Does a jury have to find intent to kill to sustain a special circumstance allegation in an attempted robbery special circumstance? (California, United States of America)
Can a single multiple-murder special circumstance finding support multiple sentences of life without parole? (California, United States of America)
Does the amendment to the lying-in-wait special circumstance in a murder case in which there is a distinction between the special circumstance and lying in-wait first degree murder? (California, United States of America)
In what circumstances will a jury unanimously find a felony-murder special circumstance? (California, United States of America)
What is the difference between a defendant's special instruction in a first degree murder case and a special circumstance finding? (California, United States of America)
Does a finding of intent to inflict pain and suffering need to be considered as an element of a special-circumstance finding? (California, United States of America)
In what circumstances will the court overturn a torture-murder special-circumstance finding? (California, United States of America)
In what circumstances will the Court uphold the murder verdict and special circumstance findings? (California, United States of America)
What is the effect of a single multiple-murder special circumstance finding on a sentence of life without parole for each first-degree murder conviction? (California, United States of America)
