Supreme Court of California

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People v. Boyce, S092240

Defendant's multiple convictions and capital sentence for first degree murder with the special circumstances of killing a peace officer in retaliation for the performance of his duties and of murder during the commission of robbery and burglary, second degree robbery, and burglary, are: 1) remanded in part for the trial court to allow the People to request resentencing on counts 2-11, the robbery and burglary charges; but 2) otherwise affirmed, where the trial court did not abuse its discretion in admitting the 911 tape recordings, there was not error in the flight instruction, sufficient evidence supported the finding that he intentionally killed Deputy York in retaliation for the lawful performance of his duties, defendant failed to make an unequivocal demand to proceed pro se at the penalty phase, and defendant's remaining arguments fail.

Appellate Information

  • Decided 07/24/2014
  • Published 07/24/2014

Judges

  • CORRIGAN

Court

  • Supreme Court of California

Counsel