Does the Attorney General have the power to appeal against a finding that a defendant had pre-force joinder?

California, United States of America

The following excerpt is from People v. McDonald, 189 Cal.Rptr.3d 367, 238 Cal.App.4th 16 (Cal. App. 2015):

People v. Sanders (1990) 51 Cal.3d 471, 509-510, 273 Cal.Rptr. 537, 797 P.2d 561.) The Attorney General urges us to use this means to find the error harmless in the present case. She says that taken together, the instructions on aiding and abetting, felony murder, and the special circumstance, and the jury's special circumstance finding, show the jury necessarily found defendant had pre-force joinder; hence, [t]he factual

[189 Cal.Rptr.3d 378]

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does the Attorney General have grounds to appeal against the Court of Appeal's finding that a defendant has a reasonable doubt in the mind of one juror? (California, United States of America)

Does the Attorney General have the power to appeal against a finding that a defendant concealed a firearm in his shirt during a robbery? (California, United States of America)

What are the findings of the Court of Appeal on the appeal of a motion of appeal against an order requiring the Attorney General to produce a copy of the Plaintiff's file? (California, United States of America)

Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)

Does the Attorney General have power to retry a defendant who has succeeded in having his conviction set aside on appeal? (California, United States of America)

In what circumstances will the Attorney General dismiss appellant's appeal against the Court of Appeal finding that his claim has not evaded review and indeed was specifically rejected in Goodrich? (California, United States of America)

Does the Attorney General's claim that defendant forfeited the issue on appeal because defendant made no effort to correct the court's misperception and press for a ruling? (California, United States of America)

Can a defendant appeal against a statement by the Attorney General that "y]y]ou would have to find that none of it is true"? (California, United States of America)

Does the Attorney General have the authority to deny an appeal because the Defendant failed to identify as an issue on appeal the fact she was improperly induced to enter her plea? (California, United States of America)

In a petition for a rehearing of the Superior Court of Appeal, what is the Attorney General's argument that defendant's arguments are not cognizable on appeal? (California, United States of America)

Does the Attorney General have the power to appeal against a finding that a defendant had pre-force joinder?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources