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People v. Daniels

Filed 8/31/17 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S095868 v. ) ) DAVID SCOTT DANIELS, ) ) Sacramento County Defendant and Appellant. ) Super. Ct. No. 99F10432 ____________________________________) THE COURT.* On January 8, 2000, defendant David Scott Daniels pleaded guilty to 11 counts of robbery (Pen. Code, § 211; all undesignated statutory references are to the Penal Code), one count of carjacking (§ 215, subd. (a)), and one count of vehicle theft (Veh. Code, § 10851). He admitted enhancements for the personal use of a firearm (former § 12022.53, subd. (b)) as to the robbery and carjacking counts, and further admitted that he had suffered two prior strike convictions within the meaning of the “Three Strikes Law” (§§ 667, subds. (b)–(i), 1170.12). On January 19, 2001, Daniels was convicted by court trial of the first degree murder of LeWayne Carolina (§§ 187, 189); the second degree murder of LaTanya McCoy (§ 187); deliberate and premeditated attempted murder of * Cantil-Sakauye, C. J., Werdegar, J., Chin, J., Corrigan, J., Liu, J., Cuéllar, J., and Kruger, J. SEE SEPARATE OPINIONS. Tamarra Hillian (§§ 664, 187); attempted robbery (§§ 664, 211); first degree robbery (§ 211); residential burglary (§ 459); and evading arrest causing serious bodily injury (Veh. Code, § 2800.3). The court found true special-circumstance allegations that the murder of LeWayne Carolina occurred while Daniels was engaged in the commission of robbery and burglary (§ 190.2, subd. (a)(17)), and found true a multiple-murder special-circumstance allegation (§ 190.2, subd. (a)(3)). It also found true various allegations for personally discharging a firearm causing great bodily injury (former § 12022.53, subd. (d)), personally using a firearm (former § 12022.53, subd. (b)), and personally inflicting great bodily injury (former § 12022.7, subd. (a)). On January 31, 2001, the court imposed the death penalty and an indeterminate term of life without the possibility of parole for 45 years, consecutive to an indeterminate sentence of 441 years to life, to be served consecutively following a determinate term of 125 years. The court subsequently heard and denied Daniels’s automatic application for a new trial and modification of death sentence. This appeal is automatic. (§ 1239, subd. (b).) Based on the opinions that follow, the judgment of death is reversed because Daniels’s waiver of his right to jury trial on penalty was invalid. The sentence of death in connection with the conviction of second degree murder (count 21) is vacated as unauthorized, and the superior court is directed to issue an amended judgment as to this conviction reflecting the appropriate sentence of 15 years to life. The judgment in all other respects is affirmed, including the judgment of guilt as to all counts tried, the true findings of special circumstances, and all convictions entered by way of guilty plea. The case is remanded for further proceedings not inconsistent with this opinion. The lead opinion of Justice Cuéllar, joined by Justice Werdegar and Justice Liu, expresses the opinion of the entire court …
Original document
Source: California Supreme Court