Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial?
California, United States of America
The following excerpt is from People v. Boyde, 250 Cal.Rptr. 83, 46 Cal.3d 212, 758 P.2d 25 (Cal. 1988):
The fact that Ellison later successfully moved to have his conviction reduced to second degree murder, pursuant to People v. Dillon (1983) 34 Cal.3d 441, 194 Cal.Rptr. 390, 668 P.2d 697, and that the district attorney at that time agreed the reduction would be appropriate, is not determinative either. The district attorney's position as to the relative culpability of the codefendants remained consistent.
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