PEOPLE v. DAILEY

Docket No. B088065.

47 Cal.App.4th 747 (1996)

THE PEOPLE, Plaintiff and Respondent, v. RAY ARTHUR DAILEY et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division One.

July 18, 1996.


Attorney(s) appearing for the Case

COUNSEL

Robert E. Boyce and Kim Malcheski, under appointments by the Court of Appeal, for Defendants and Appellants.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Marc E. Turchin and Sally P. Brajevich, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

MASTERSON, J.

Sometimes even the most egregious mistake made at trial can be rectified on appeal. Sometimes it cannot. The mistake here was the failure to provide spaces on the verdict forms to specify the degree of the murders of which a jury found appellants guilty. Although the consequences of this mistake may reduce by decades the sentences imposed for appellants' brutal crimes, we are powerless to correct it.

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