Is there any error in charging a defendant with two multiple-murder special circumstances?

California, United States of America


The following excerpt is from People v. Caro, 251 Cal.Rptr. 757, 46 Cal.3d 1035, 761 P.2d 680 (Cal. 1988):

Defendant contends that it was error to charge him with two multiple-murder special circumstances rather than one. He is correct. We have repeatedly held that regardless of the number of murders charged in an information it is error to charge more than one special circumstance alleging multiple murder. (See, e.g., People v. Kimble (1988) 44 Cal.3d 480, 504, 244 Cal.Rptr. 148, 749 P.2d 803; People v. Allen (1986) 42 Cal.3d 1222, 1273, 232 Cal.Rptr. 849, 729 P.2d 115.) Accordingly, one of the multiple-murder special circumstances should be set aside.

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