Legal Opinion
People v. Smith
California Court of Appeal
Decided December 1, 1986No. D004490PublishedCited by 24 opinions
1Opinion of the Court
Opinion
WIENER, Acting P. J .
James Hardy Smith III appeals the judgment entered on jury verdicts convicting him of murder in the first degree (Pen. Code, §§ 187, 189) 1 during the commission of a robbery (§ 211) and kidnapping for the purpose of robbery (§ 209, subd. (b)) alleged as special circumstances (§ 190.2, subds. (a)(17)(i) and (ii)) and as independent counts. The jury also found Smith was armed within the meaning of section 12022, subdivision (a) but that he did not personally use the firearm under section 12022.5. We set aside the finding of special circumstances and in all other…
2Cases cited34 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- People v. WatsonCalifornia Supreme Court · 1956
- Rose v. ClarkSupreme Court of the United States · 1986
- People v. JohnsonCalifornia Supreme Court · 1980
29 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- People v. WilliamsCalifornia Supreme Court · 1997
- People v. CarterCalifornia Supreme Court · 2003
- People v. BacigalupoCalifornia Supreme Court · 1991
- In Re BaertCalifornia Court of Appeal · 1988
- People v. EmCalifornia Court of Appeal · 2009
19 more not listed; retrieve them via the Exa API.