People v. Sivongxxay
Cal.Sup. Ct.; S078895 The California Supreme Court affirmed a judgment of conviction and penalty. The court held that the trial court’s failure…
June 19, 2017 at 07:48 PM
3 minute read
Cal.Sup. Ct.;
S078895
The California Supreme Court affirmed a judgment of conviction and penalty. The court held that the trial court's failure to obtain an explicit waiver of the defendant's right to a jury trial on a special circumstance allegation was subject to harmless error analysis.
Vaene Sivongxxay was charged with first degree murder, with the special circumstance allegation that he committed the murder during the commission of a robbery. Sivongxxay waived his right to a jury trial. The court found him guilty of murder, found true the special circumstances allegation, and sentenced him to death.
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