PEOPLE v. TATE
Filed 7/8/10
IN THE SUPREME
COURT OF CALIFORNIA
THE PEOPLE, )
)
Plaintiff
and Respondent, )
) S031641
v. )
)
GREGORY O. TATE, )
) Alameda
County
Defendant
and Appellant. ) Super.
Ct. No. 93308
__________________________________ )
Story continued from part I…..
The
court took the matter up again on September
8, 1992. Having reviewed the
prosecutor's draft,[1] the court proposed its own question. With the prosecutor's approval, this version
included reference to the assumed facts that a woman was robbed, stabbed,
home. Defense counsel urged that this
was inadequate because it left out the most serious piece of aggravating
evidence, i.e., that the victim's finger was severed. The court responded that it intended to omit
this latter detail because whether, and why, the finger was severed was a jury
issue. The court said that if a severed
finger were mentioned, it would â€
| Description | A jury found defendant Gregory O. Tate guilty of the first degree murder of Sarah LaChapelle. (Pen. Code, §§ 187, 189.)[1] The jury also found that defendant personally used a dangerous and deadly weapon, a knife (§ 12022), and that robbery-murder and burglary-murder special circumstances were true (§ 190.2, subd. (a)(17)). Defendant was sentenced to death. This appeal is automatic. We will affirm the judgment in its entirety. |
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