People v. Hayes

MODIFICATION

CRIMINAL LAW AND PROCEDURE


Due process in death penalty case isn't violated when change of venue doesn't replicate socioeconomic factors of venue where offense was committed.




THE PEOPLE, Plaintiff and Respondent, v. ROYAL KENNETH HAYES, Defendant and Appellant. No. S004725 Santa Cruz County Super. Ct. No. 83423 Stanislaus County Super. Ct. No. 209235 California Supreme Court Filed February 16, 2000 BY THE COURT:

        The opinion herein, appearing at 21 Cal.4th 1211, is modified as follows:

        1. The last two sentences of the second full paragraph at 21 Cal.4th at page 1280,* commencing with the words, "The court did not," and ending with the words, "by the evidence," are deleted.

        2. The citation contained in footnote 19 at 21 Cal.4th at page 1271,** is modified to read People v. Stankewitz (1990) 51 Cal.3d 72, 90-91 [270 Cal.Rptr. 817, 793 P.2d 23].

        The modification does not affect the judgment.




*        See Daily Appellate Report of December 27, 1999, page 12816, column 1, lines 5 thru 8, from the top.

**        See Daily Appellate Report of December 27, 1999, page 12812, column 2, footnote 19.