Supreme Court of California

Defendant's murder conviction and death sentence is affirmed over claims of error regarding: 1) a Faretta motion; 2) a severance motion; 3) Batson-Wheeler error; 4) jury instruction; 5) juror misconduct; 6) prosecutorial misconduct; 7) ineffective assistance of counsel; 8) cumulative error; 9) defendant's voluntary absence from the courtroom during certain testimony; 10) admission of evidence; 11) unanimity as to aggravating factors; 12) the appropriateness of the death penalty beyond a reasonable doubt; 13) challenges to the constitutionality of the death penalty law; 14) findings on aggravating and mitigating factors; 15) proportionality review; 16) the constitutionality of prosecutorial discretion to charge and seek the death penalty; and 17) the absence of comparative review. However, defendant's determinate sentence is reduced by two years due to noncapital sentencing error.

Appellate Information

• Decided 08/24/2006
• Published 08/24/2006

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Richard L. Rubin, Oakland, under appointment by the Supreme Court, for Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, René A. Chacón and Juliet B. Haley, Deputy Attorneys General, for Plaintiff and Respondent.