PEOPLE v. SALAZAR (MAGDALENO)Respondent’s Additional Authorities LetterCal.February 25, 2016Py‘SUPREME COURT COPY KAMALA D. HARRIS ~ State of California Attorney General DEPARTMENTOFJUSTICE 300 SOUTH SPRING STREET,SUITE 1702 LOS ANGELES, CA 90013 Public: (213) 897-2000 Telephone: (213) 897-2712 Facsimile: (213) 897-6496 E-Mail: Ryan.Smith@doj.ca.gov | February 24, 2016 . - SUPREME COURT . Frank A. McGuire . FE i i = r Court Administrator and Clerk of the Supreme Court of California Supreme Court of California © ' FEB 25 20%8 350 McAllister Street | San Francisco, CA 94102 | Frank A. MeGuire Clerk RE: People v. Magdaleno Salazar Deouiv Supreme Court of the State of California Case No. S077524 Dear Mr. McGuire: Respondentrespectfully submits this letter to alert this Court and opposing counselthat, at oral argumentin the above case, counsel for respondent mayciteto People v. Capistrano (2014) 59 Cal.4th 830 in support of respondent’s position that the trial court conducted an adequate voirdire. _ In Capistrano,this Court held that the trial court conducted an adequate voir dire even though it eliminated 22 prospective jurors with a single question. This Court found voir dire adequate because the jurors expressed an “unequivocal inability to apply the death penalty regardless of the evidence.” (People v. Capistrano, supra, 59 Cal.4th at p. 860.) Similarly, here, the trial court excused jurors who unequivocally indicated an inability to impose the death penalty, regardless of the evidence before them.: Sincerely, A endl RYAN M. SMITH Deputy Attorney General For—KAMALA-D-HARRIS . Attorney General ~ RMS: LA1999XS0008 51994942.doc CATH PENALTY DECLARATION OF SERVICE BY U.S. MAIL Case Name: People v. Magdaleno Salazar Case No.: S077524 I declare: I am employedin the Office ofthe Attorney General, which is the office of a memberofthe California State Bar, at which member's direction this service is made. ] am 18 years of age or older and nota party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United | States Postal Service. In accordance with that practice, correspondenceplacedin the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day1in the ordinary course of business. On February 24, 2016,I served the attached LETTER TO THE COURT RE CITATION TO ADDITIONALCASEbyplacing a true copy thereof enclosed in a sealed envelopein the internal mail collection system at the Office of the Attorney General at300 South Spring: Street, _ Suite 1702, Los Angeles,CA 90013, addressed as follows: James S. Thomson Attorney at Law 819 Delaware Street Berkeley, CA 94710 Attorney for Magdaleno Salazar I declareunderpenalty of perjury under the laws of the State of California the foregoingis true . and correct and that this declaration was executed on February 24, 2016, at Los Angeles, - California. . Z Z. Salena - CT JERa2 Declarant BF _ Signature . LA1999XS0008 : : / 51995514.doc
