Conviction of Armed Robbery at Guilt Trial Is Relevant to Death Penalty Sentencing Under Factor (a), Not (b)
October 10th, 2022

Defendant’s capital trial included a charge for an armed robbery he committed with a group of men five days before the capital murder, and defendant was convicted of that robbery.  The jury was properly instructed to consider that robbery under Penal Code section 190.3, factor (b), other violent criminal activity, instead of factor (a), the circumstances of the capital crime.  (See People v. Spencer (2018) 5 Cal.5th 642, 691.)

Tags: ,