California, United States of America
The following excerpt is from People v. Snow, 242 Cal.Rptr. 477, 44 Cal.3d 216, 746 P.2d 452 (Cal. 1987):
The jury found defendant guilty as charged. A penalty phase trial resulted in a death verdict, but the trial judge granted defendant's motion for a second penalty trial based on the fact that the trial court had given an improper commutation instruction. (See People v. Ramos (1982) 30 Cal.3d 553, 180 Cal.Rptr. 266, 639 P.2d 908, judgment vacated and cause remanded sub nom. California v. Ramos (1983) 463 U.S. 992, 103 S.Ct. 3446, 77 L.Ed.2d 1171, sub. opn. People v. Ramos (1984) 37 Cal.3d 136, 207 Cal.Rptr. 800, 689 P.2d 430.) The second penalty trial likewise resulted in a death verdict, and the trial court denied motions for new trial and modification of the judgment. The present appeal is automatic. ( 1239.)
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