Supreme Court of California

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People v. Delgado, 089609

In an automatic appeal of a death sentence for conviction of two counts of first degree murder, with the special circumstances of lying in wait and multiple murders, two counts of assault by a life prisoner with malice aforethought, with findings that the assaults proximately caused the victims' deaths, battery by a prisoner on a correctional officer, possession of a sharp instrument by a prisoner, with findings that defendant had suffered two prior felony convictions within the meaning of the 'Three Strikes' law, the Court of Appeals' judgment is affirmed in its entirety over multiple contentions at the guilt and penalty phases, including presence of correctional officers during attorney-client communications, multiple convictions for first degree murder and aggravated assault by a life prisoner, instructional error, constitutionality of lying-in-wait special circumstance, constitutionality of death eligibility provision for aggravated assault by a life prisoner, admission of other crimes evidence in aggravation, and constitutionality of the death penalty statute and related instructions.

Appellate Information

  • Decided
  • Published 2017/02/27




  • Supreme Court of California