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People V. Frank

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eBook details

  • Title: People V. Frank
  • Author : Supreme Court Of California
  • Release Date : January 01, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

Defendant Theodore Francis Frank appeals from a judgment imposing the death penalty following his conviction of first degree murder with special circumstances and other offenses. In People v. Frank (1985) 38 Cal. 3d 711 [214 Cal. Rptr. 801, 700 P.2d 415] (Frank I), we reversed defendant's original judgment as to penalty, finding prejudicial error in the seizure and admission of his notebooks, which contained incriminating statements. We affirmed the judgment in all other respects, and denied a habeas corpus petition. On retrial of penalty, pursuant to the 1977 death penalty law under which defendant was originally tried, the jury again returned a death verdict, and the trial court denied defendant's motion to modify the sentence (Pen. Code, § 190.4, subd. (e); all further statutory references are to this code unless otherwise indicated). Defendant's appeal is automatic. (§ 1239, subd. (b).) Subsequent to the filing of this appeal,   defendant filed a second habeas corpus petition which we denied without issuing an order to show cause.


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