People v. Famalaro
Annotate this CaseDefendant was convicted of first degree murder under the special circumstance that the murder was committed while defendant was engaged in kidnapping and in the commission or attempted commission of sodomy and defendant was sentenced to death. On automatic appeal, defendant raised issues related to motions for change of venue; failure to conduct individual sequestered jury selection; the claim of instructional error concerning concealment of evidence; the claim of instructional errors related to the standard of proof; the claim of improper instructions on first degree premeditated murder; admission of victim impact evidence; the trial court's refusal to admit allegedly mitigating evidence; instruction on the credibility of a single witness; admission of unadjudicated conduct; instruction on aggravating and mitigating factors; instruction on scope of sentencing discretion; miscellaneous issues concerning California's death penalty law; and cumulative error. The court discussed each issue and held that the judgment was affirmed.
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