# People v. Lucero

> California Supreme Court · August 30, 2000 · 97 Cal. Rptr. 2d 871

URL: https://www.frixlaw.com/law-library/cases/9784395

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. PHILIP LOUIS LUCERO, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** August 30, 2000
- **Citations:** 97 Cal. Rptr. 2d 871; 23 Cal. 4th 692; 3 P.3d 248
- **Precedential status:** Published
- **Opinion:** Dissent by Mosk
- **Judges:** Mosk, Kennard
- **Cited by:** 208 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9784395

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9784395. Public record. Not legal advice.