# People v. Sheldon

> California Supreme Court · June 30, 1994 · 7 Cal. 4th 1136

URL: https://www.frixlaw.com/law-library/cases/9792662

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. JEFFREY T. SHELDON, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** June 30, 1994
- **Citations:** 7 Cal. 4th 1136; 31 Cal. Rptr. 2d 368; 94 Daily Journal DAR 9342; 875 P.2d 83; 94 Cal. Daily Op. Serv. 5135; 1994 Cal. LEXIS 3315
- **Precedential status:** Published
- **Opinion:** Dissent by Mosk
- **Judges:** Lucas, Mosk
- **Cited by:** 2 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/9792662

## Opinion text

MOSK, J.
I dissent.
In People v. Sheldon (1989) 48 Cal.3d 935 [ 258 Cal.Rptr. 242 , 771 P.2d 1330 ] (hereafter Sheldon I), this court vacated the original judgment imposing a sentence of death for redetermination of the automatic verdict-modification application which the trial court had erroneously denied. I would have reversed the judgment in that regard for various instances of prejudicial misconduct by the prosecutor and prejudicial error by the trial court. (Id. at pp. 963-969 (conc. & dis. opn. of Mosk, J.).) On remand, after again denying the automatic verdict-modification application, the trial court reinstated the judgment. The majority now conclude that affirmance is in order. I cannot agree. I adhere to the views I expressed in Sheldon I: reversal of the judgment is required insofar as it imposes the sentence of death.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9792662. Public record. Not legal advice.