considering a similar statute
How later courts described this case
- considering a similar statute
Written by the judges who cited it.
Distinguished
Distinguished by People v. Bordeaux, 224 Cal. App. 3d 573 (1990)
Based on People v. Dixon (1979) 24 Cal.Sd 43 [154 Cal.Rptr. 236, 592 P.2d 752], the California Supreme Court held the trial court erred, and concluded that the jury must unanimously agree on the degree of murder.5 Avalos is distinguishable because here the first degree murder charge was dismissed, the jury was not allowed to render an unspecified verdict and in fact fixed the verdict at second degree.
The opinion
MOSK, J.
The circumstances of this case induce me to concur under compulsion of People v. Dixon (1979) 24 Cal.3d 43 [ 154 Cal.Rptr. 236 , 592 P.2d 752 ],
If presented with more compelling facts in a future case, I might well urge this court to consider anew whether Dixon adequately serves judicial economy, the best interests of the defendant and the ends of justice.