concluding prosecution must prove unadjudicated offenses beyond a reasonable doubt
How later courts described this case
- concluding prosecution must prove unadjudicated offenses beyond a reasonable doubt
- held: pre-trial publicity not presumptively prejudicial where (1) neither victim nor defendant prominent; (2) county population equals 405,600; and (3) no evidence of unusual local hostility toward defendant's ethnic group
- “Kern County, with a 1981 population of 405,600, ranked 14th among California’s 58 counties in that respect. Cases in which venue changes were granted or ordered on review have usually involved counties with much smaller populations.” (citation omitted)
- “evidence of habitual narcotics or alcohol use is not admissible to impeach perception or memory unless there is expert testimony on the probable effect of such use on those faculties”
Written by the judges who cited it.
Later courts went against this
Superseded by statute, as recognized in Pedeferri v. Seidner Enterprises
41 Cal.3d 144, 174 , superseded by statute on other grounds as stated in People v. Martin (1998) 64 Cal.App.4th 378, 385
The opinion
BIRD, C. J., Concurring and Dissenting.
I concur in the setting aside of the special circumstance finding and the reversal of the penalty judgment for Carlos-Garcia error. (Carlos v. Superior Court (1983) 35 Cal.3d 131 [ 197 Cal.Rptr. 79 , 672 P.2d 862 ]; People v. Garcia (1984) 36 Cal.3d 539 *210 [ 205 Cal.Rptr. 265 , 684 P.2d 826 ].) I do not join in the remainder of the majority’s opinion.
On March 27, 1986, the opinions were modified to read as printed above.