Does a defendant have to plead guilty to second degree murder to avoid the death penalty?
California, United States of America
The following excerpt is from People v. Marugg, D072065 (Cal. App. 2018):
12. A defendant's reason for pleading guilty does not necessarily affect the validity of the plea. (North Carolina v. Alford (1970) 400 U.S. 25, 31, italics added [postconviction relief denied where defendant pled guilty to second degree murder, while at the same time claiming innocence, in order to avoid the death penalty if convicted of first degree murder].)
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