PEOPLE v. RAMOS

Docket No. Crim. 21352.

37 Cal.3d 136 (1984)

689 P.2d 430

207 Cal. Rptr. 800

THE PEOPLE, Plaintiff and Respondent, v. MARCELINO RAMOS, Defendant and Appellant.

Supreme Court of California.

November 1, 1984.


Attorney(s) appearing for the Case

COUNSEL

Alan M. Caplan, under appointment by the Supreme Court, Bushnell, Caplan, Fielding & Rudy, Quin Denvir, State Public Defender, Ezra Hendon, Alice V. Collins and Diane M. Griffiths, Deputy State Public Defenders, for Defendant and Appellant.

George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian and Steve White, Chief Assistant Attorneys General, Daniel J. Kremer and Hanley D. Mayfield, Assistant Attorneys General, Richard D. Garske, Patricia D. Benke, Michael D. Wellington, Jay M. Bloom and Harley D. Mayfield, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

KAUS, J.

This case is before us on remand from the United States Supreme Court. When it was last here, we concluded that no reversible error had occurred at the guilt phase of defendant's trial, but that an instruction given at the penalty phase — the so-called Briggs Instruction, described below — violated the federal Constitution and required a reversal of the penalty judgment and a remand for further proceedings...

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