Significant Dissent in Cal. Capital Direct Appeal

In a 4-3 decision, the Cal. Supreme Court has affirmed another capital conviction and death sentence. But Justice Werdeger (joined by Justice Moreno and Court of Appeal Justice Gilbert) wrote in dissent that insufficient evidence supported the attempted-rape special circumstance finding which made the defendant eligible for the death penalty.

People v. Guerra, no. S036864 (Cal. Supreme Court, 3/2/06)