Death Penalty Aggravation: Jury Properly Instructed to Consider Prior Robbery Under Factor (B) Instead of Factor (A)
May 19th, 2020

The capital trial in People v. Spencer (2018) 5 Cal.5th 642, 691 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.

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