California (11.29.04)

People v. Seel, S106273, the Court held that Apprendi’s double jeopardy protections preclude a retrial of the premeditation penalty provision after an appellate court has held there was no evidence of premeditation. The defendant, Seel, was convicted of attempted premeditated murder and sentenced to life in prison with parole, plus 20 years. But an intermediate appellate court held the evidence did not show premeditation and remanded for retrial of the sentencing allegation. The Court today found, though, that because premeditation is part of the “commission of the offense,” retrial would effectively place the defendant in jeopardy twice for an “offense” greater than attempted murder.

In People v. Ramos, S030956, the defendant pled guilty to three counts of murder as well as felony possession and other firearm offenses. The jury sentenced the defendant to death. In this automatic appeal, the defendant raised several arguments, including an argument that his propensity towards violence, paranoia, and death wish made him incompetent to plead guilty. The California Supreme Court upheld all of the trial court’s findings and affirmed the sentence of death.