# People v. Harris

> California Supreme Court · February 11, 1981 · 28 Cal. 3d 935

URL: https://www.frixlaw.com/law-library/cases/9578037

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. ROBERT ALTON HARRIS, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** February 11, 1981
- **Citations:** 28 Cal. 3d 935; 171 Cal. Rptr. 679; 623 P.2d 240; 1981 Cal. LEXIS 121
- **Precedential status:** Published
- **Opinion:** Concurrence by Tobriner
- **Judges:** Clark, Tobriner
- **Cited by:** 152 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9578037

## Opinion text

TOBRINER, J., Concurring.
For the reasons set forth in the dissenting opinions of the Chief Justice and Justice Mosk in People v. Jackson (1980) 28 Cal.3d 264 [ 168 Cal.Rptr. 603 , 618 P.2d 149 ], I continue to believe that the death penalty statute under which defendant was convicted is unconstitutional. Until the majority opinion in Jackson is reversed by the United States Supreme Court or is overruled by a majority of this court, however, I consider myself bound by that decision’s holding. Because I agree with the present majority’s conclusion that under Murphy v. Florida (1975) 421 U.S. 794 [ 44 L.Ed.2d 589 , 95 S.Ct. 2031 ], the record in this case does not demonstrate that defendant was denied a fair trial, I concur in the judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9578037. Public record. Not legal advice.