# People v. Diaz

> California Supreme Court · August 31, 1992 · 3 Cal. 4th 495

URL: https://www.frixlaw.com/law-library/cases/9593440

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. ROBERT RUBANE DIAZ, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** August 31, 1992
- **Citations:** 3 Cal. 4th 495; 11 Cal. Rptr. 2d 353; 92 Daily Journal DAR 12202; 834 P.2d 1171; 92 Cal. Daily Op. Serv. 7520; 1992 Cal. LEXIS 4144
- **Precedential status:** Published
- **Opinion:** Concurring in part by Mosk
- **Judges:** Kennard, Panelli, Mosk
- **Cited by:** 221 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/9593440

## Opinion text

MOSK, J., Concurring and Dissenting.
I concur in the judgment and also in the lead opinion on the issues of guilt and death eligibility. After review, I have found no reason to do otherwise.
I dissent, however, on the issue of penalty. Pursuant to People v. Deere (1985) 41 Cal.3d 353, 360-368 [ 222 Cal.Rptr. 13 , 710 P.2d 925 ], I would set aside the sentence of death as unreliable under the Eighth Amendment to the United States Constitution and article I, section 17 of the California Constitution because defense counsel failed to introduce available evidence in mitigation. Such evidence was real and substantial—as the record of the guilt phase strongly suggests and the People in this court essentially concede. But evidence of that sort was not presented. Hence, the sentence of death must fall. 1
Appellant’s petition for a rehearing was denied October 21, 1992, and the opinion was modified to read as printed above. Mosk, J., was of the opinion that the petition should be granted.
Compare People v. Howard (1992) 1 Cal.4th 1132, 1197 [ 5 Cal.Rptr.2d 268 , 824 P.2d 1315 ] (cone. & dis. opn. of Mosk, J.) (finding a verdict of death constitutionally unreliable when available mitigating evidence was not introduced); People v. Sanders (1990) 51 Cal.3d 471, 531-533 [ 273 Cal.Rptr. 537 , 797 P.2d 561 ] (dis. opn. of Mosk, J.) (same); People v. Lang (1989) 49 Cal.3d 991, 1059-1062 [ 264 Cal.Rptr. 386 , 782 P.2d 627 ] (cone. & dis. opn. of Mosk, J.) (same); and People v. Williams (1988) 44 Cal.3d 1127, 1158-1061 [ 245 Cal.Rptr. 412 , 751 P.2d 470 ] (cone. & dis. opn. of Mosk, J.) (same).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9593440. Public record. Not legal advice.