Does the Attorney General's reading of a transcript from the Superior Court of Justice's hearing into a murder conviction for a prior conviction for the same crime be considered admissible under section 190.3, factor (b) of the Criminal Code?

California, United States of America


The following excerpt is from People v. Rodrigues, 36 Cal.Rptr.2d 235, 8 Cal.4th 1060, 885 P.2d 1 (Cal. 1994):

Although we are not convinced of the Attorney General's reading of the transcript, we nonetheless find any error harmless. Evidence of the facts underlying the prior conviction was otherwise admissible under section 190.3, factor (b). (See People v. Montiel (1993) 5 Cal.4th 877, 917, 21 Cal.Rptr.2d 705, 855 P.2d 1277; People v. Melton, supra, 44 Cal.3d at p. 764, 244 Cal.Rptr. 867, 750 P.2d 741.) Therefore, the jurors were properly presented with evidence and argument as to whether the Espinoza homicide constituted murder, or something less.

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