Does Section 189 of the California Criminal Code require a jury to convict a defendant of first degree murder?
California, United States of America
The following excerpt is from People v. Gracia, 2d Crim. No. B259584 (Cal. App. 2016):
killing committed in the perpetration of one of the felonies section 189 lists, the only guilty verdict a jury may return is first degree murder. [Citations.] Under these circumstances, a trial court 'is justified in withdrawing' the question of degree 'from the jury' and instructing it that the defendant is either not guilty, or is guilty of first degree murder." (People v. Mendoza (2000) 23 Cal.4th 896, 908-909.)
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