evidence of accused invoking right to counsel may improperly be considered as inference of guilt
How later courts described this case
- evidence of accused invoking right to counsel may improperly be considered as inference of guilt
Written by the judges who cited it.
The opinion
MOSK, J.
I dissent.
For the reasons that I stated when this cause was originally before us (see People v. Lucero (1988) 44 Cal.3d 1006, 1033-1036 [ 245 Cal.Rptr. 185 , 750 P.2d 1342 ] (cone. & dis. opn. of Mosk, J.)), I would exercise the authority that we possess under sections 1181, subdivision 7, and 1260 of the Penal Code (see generally People v. Hines (1997) 15 Cal.4th 997, 1081-1082 [ 64 *742 Cal.Rptr.2d 594 , 938 P.2d 388 ] (cone. opn. of Mosk, J.)), and would set aside the multiple-murder special-circumstance finding and the verdict of death, and remand the matter to the superior court for resentencing.
Appellant’s petition for a rehearing was denied August 30, 2000, and the opinion was modified to read as printed above. Mosk, J., was of the opinion that the petition should be granted.