Is it error to charge defendant with two multiple-murder special circumstances?
California, United States of America
The following excerpt is from People v. Crandell, 251 Cal.Rptr. 227, 46 Cal.3d 833, 760 P.2d 423 (Cal. 1988):
As previously explained, it was error to charge defendant with two multiple-murder special circumstances and to permit the jury to make findings on each charge. Permitting the jury "to consider those findings as two aggravating factors at the penalty phase" was also error. (People v. Kimble (1988) 44 Cal.3d 480, 504, 244 Cal.Rptr. 148, 749 P.2d 803.)
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