# People v. Brown

> California Supreme Court · December 5, 1985 · 40 Cal. 3d 512

URL: https://www.frixlaw.com/law-library/cases/9607845

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. ALBERT GREENWOOD BROWN, JR., Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** December 5, 1985
- **Citations:** 40 Cal. 3d 512; 230 Cal. Rptr. 834; 726 P.2d 516; 1985 Cal. LEXIS 420
- **Precedential status:** Published
- **Opinion:** Concurrence by Mosk
- **Judges:** Grodin, Mosk, Lucas, Bird
- **Cited by:** 256 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by California v. Brown, 479 U.S. 538 (1987).
- Negative treatments: 4
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9607845

## Opinion text

MOSK, J.
I concur in the affirmance of the defendant’s guilt, in the finding of special circumstances and in parts IV B and C of the majority opinion, but I must dissent from the reversal of the penalty judgment as provided in part IV A of the opinion.
Had there been several grounds requiring reversal of the penalty, I would have considered concurring under compulsion of People v. Lanphear (1984) *546 36 Cal.3d 163 [ 203 Cal.Rptr. 122 , 680 P.2d 1081 ], and People v. Easley (1983) 34 Cal.3d 858 [ 196 Cal.Rptr. 309 , 671 P.2d 813 ]. However, because the majority’s only basis for reversal is the giving of the standard instruction advising the jury against being swayed by “mere sentiment, conjecture, sympathy, passion, prejudice, public opinion or public feeling” (CALJIC No. 1.00), I must once again urge they are in error.
Rather than repeat my analysis of that commonly given instruction, I refer to the reasons expressed in my dissents in People v. Bandhauer (1970) 1 Cal.3d 609, 619 [ 83 Cal.Rptr. 184 , 463 P.2d 408 ], Lanphear, supra, 36 Cal.3d at page 169 , and Easley, supra, 34 Cal.3d at page 886 .
I would affirm the judgment in its entirety.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9607845. Public record. Not legal advice.