# People v. Ochoa

> California Supreme Court · August 6, 2001 · 110 Cal. Rptr. 2d 324

URL: https://www.frixlaw.com/law-library/cases/9782578

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. SERGIO OCHOA, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** August 6, 2001
- **Citations:** 110 Cal. Rptr. 2d 324; 26 Cal. 4th 398; 2001 Daily Journal DAR 8191; 28 P.3d 78; 2001 Cal. Daily Op. Serv. 6719; 2001 Cal. LEXIS 4944
- **Precedential status:** Published
- **Opinion:** Concurrence by Kennard
- **Judges:** Brown, Kennard
- **Cited by:** 200 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by People v. Prieto, 133 Cal. Rptr. 2d 18 (2003).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9782578

## How later opinions describe it (automated extraction)

- rejecting a defendant’s contention that the nine-year delay between his sentencing and appeal resulted in cruel and unusual punishment
- applying Walton and specifically rejecting application of Apprendi in capital cases

## Opinion text

KENNARD, J.
I concur in the majority opinion except for its treatment of defendant’s contention that the delay between sentencing and execution violates the Eighth Amendment’s prohibition against cruel and unusual punishment. This court has in the past rejected such a claim, holding that “[a]s long as it is reasonable, the time required for our statutorily mandated review is not a violation of a criminal defendant’s constitutional rights; it is essential to ensuring that those rights are and have been respected.” (People v. Ochoa (1998) 19 Cal.4th 353, 477 [ 79 Cal.Rptr.2d 408 , 966 P.2d 442 ].) Because the delay here is reasonable, this court’s holding in Ochoa is dispositive here. I would go no further.
Appellant’s petition for a rehearing was denied September 19, 2001.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9782578. Public record. Not legal advice.