Opinion

People v. Seel

  • 34 Cal. 4th 535
  • 2004 Daily Journal DAR 14170
  • 21 Cal. Rptr. 3d 179
  • 100 P.3d 870
  • 2004 Cal. LEXIS 11331
Court
California Supreme Court
Filed
Nov 29, 2004
Status
Published
Author
Kennard
On the bench
Brown, Chin, Kennard
Cited by
113 cases
Authority
More cited than 26.2%

Distinguished

  • Distinguished by People v. Anderson, 56 Cal. Rptr. 3d 758 (2007)

    In Seel, the defendant argued Bright is distinguishable, because the trial court there declared a mistrial after the jury deadlocked on the penalty charge, whereas in Seel the Court of Appeal concluded there was no evidence to support the penalty charge.
    California Court of AppealApr 13, 2007Read it

The opinion

KENNARD, J., Concurring.

I join the majority, whose central holding now embraces a view I articulated in a dissenting opinion eight years ago.

In People v. Bright (1996) 12 Cal.4th 652 [ 49 Cal.Rptr.2d 732 , 909 P.2d 1354 ], a majority of this court held that a finding that an attempted murder was committed willfully, deliberately, and premeditatedly was merely a penalty provision, not an element of a crime greater than attempted murder. I dissented, suggesting that the federal Constitution may well guarantee the right to a jury trial even if premeditation was “merely a circumstance affecting the penalty for attempted murder.” (Id. at p. 692 (dis. opn. of Kennard, J.).) I noted that such a premeditation finding “will expose the defendant to a penalty of life imprisonment, as compared with a maximum term of nine years for attempted murder without premeditation.” (Ibid.) Thus, I said, it might “well be unconstitutional to deprive the defendant of a right to jury trial on the issue of premeditation.” (Ibid.) The correctness of that view has now been confirmed by the recent decision of the United States Supreme Court in Apprendi v. New Jersey (2000) 530 U.S. 466 [ 147 L.Ed.2d 435 , 120 S.Ct. 2348 ], which in turn compels the result in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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