Filed August 22, 2017
In California, when ajury convicts a defendantoffirst degree murder, the maximum punishmentis imprisonment for a term of 25 yearstolife. (Pen. Code, § 190, subd.(a) [cross-referencing §§ 190.1, 190.2, 190.3, 190.4 and 190.5].) When the jury returns a verdict offirst degree murder with a true finding of a special circumstance listed in Penal Code section 190.2, the penalty range increasesto either life imprisonment without the possibility of parole or death. (Pen. Code, § 190.2, subd. (a).)
Filed August 30, 2011
(Ring, supra, 536 U.S. at 604.) Penal Code section 190, subd. (a) provides that the punishmentfor first-degree murder is 25 yearsto life, life without possibility of parole (““LWOP”), or death; the penalty to be applied “shall be determined as provided in Sections 190.1, 190.2, 190.3, 190.4 and 190.5.” Neither LWOP nor death can be imposed unless the jury finds a special circumstance(section 190.2).
Filed December 11, 2007
(Ring, supra, 530 U.S. at 604.) Section 190, subd. (a), provides that the punishment for first degree murder is 25 years to life, life without possibility of parole ("LWOP"), or death; the penalty to be applied "shall be determined as provided in Sections 190.1, 190.2, 190.3, 190.4 and 190.5." Neither LWOP nor death can be imposed unless the jury finds a special circumstance (section 190.2).
Filed July 31, 2007
” (Ring, supra, 530 U.S. at 604.) Section 190, subd. (a) provides that the punishmentfor first degree murderis 25 yearsto life, life without possibility of parole (“LWOP”), or death; the penalty to be applied “shall be determined as provided in Sections 190.1, 190.2, 190.3, 190.4 and 190.5.” Neither LWOPnor death can be imposed unless the jury finds a special circumstance (section 190.2).
Filed August 30, 2012
California’s death penalty law does not preclude consideration of any | relevant mitigating circumstances. Undersection 190.3, in determining the 100 penalty, the trier offact shall take into accountany ofthe following factors if relevant: (a) The circumstances of the crime of which the defendant was convicted in the present proceeding and the existence of any special circumstances found to be true pursuant to Section 190.1. (b) The presence or absence of criminal activity by the defendant which involved the use or attempted use of force or violence or the express or implied threat to use force or violence. (c) The presence or absenceof any prior felony conviction.
Filed July 18, 2008
" (Ring, supra, 530 U.S. at 604.) Section 190, subd. (a) provides that the punishment for first degree murder is 25 years to life, life without possibility of parole ("LWOP"), or death; the penalty to be applied "shall be determined as provided in Sections 190.1, 190.2, 190.3, 190.4 and 190.5." Neither LWOP nor death can be imposed unless the jury finds a special circumstance (section 190.2).