Marks

A jury convicted defendant Delaney Geral Marks of two counts of first degree murder (Pen. Code, § 187; all further statutory references are to this code unless otherwise indicated) and two counts of attempted premeditated murder (§§ 664, 187). With respect to all counts, the jury found true the allegation that defendant personally used a firearm (§ 12022.5). With respect to the attempted murders, the jury found defendant personally inflicted great bodily injury upon the victims (§ 12022.7). It found true the special circumstance allegations that defendant committed multiple murders (§ 190.2, subd. (a)(3)), committed murder in the commission, attempted commission or flight from a robbery (§ 190.2, subd. (a)(17)(A)), and committed murder against a transportation worker (§ 190.25). At a subsequent proceeding, it found beyond a reasonable doubt defendant had suffered four prior felony convictions and served two prior prison terms. The jury set the penalty for the capital crimes at death. The trial court denied defendant’s motion to modify the sentence (§ 190.4, subd. (e)). This appeal is automatic (Cal. Const., art. VI, § 11; Pen. Code, § 1239).

For the reasons stated below,…

I concur fully in the majority opinion, including its conclusion that defendant’s arguments regarding impeachment with some of his prior convictions are not cognizable. (Maj. opn., ante, at pp. 227-229.) I write separately only to note that the arguments also lack merit.

The California electorate passed Proposition 8 in June 1982. A short time later, we held that it “applies only to prosecutions for crimes committed on or after its effective date.” (People v. Smith (1983) 34 Cal.3d 251, 258 [ 193 Cal.Rptr. 692 , 667 P.2d 149 ].) Accordingly, when the charged crime predated Proposition 8, trial courts had to apply the law that existed before its adoption, including the law relating to impeachment with a prior conviction. (See, e.g., People v. Carpenter (1999) 21 Cal.4th 1016, 1056 [ 90 Cal.Rptr.2d 607 , 988 P.2d 531 ].) Defendant, however, committed the charged crimes in 1990. Thus, this prosecution is for crimes committed long after Proposition 8’s effective date. The date of the charged crime matters, not the date of the prior conviction or its underlying crime. (People v. Gurule (2002) 28 Cal.4th 557, 607 [ 123 Cal.Rptr.2d 345 , 51 P.3d 224 ].) Accordingly, and contrary to…

Certiorari Denied May 3, 2004. See 124 S.Ct. 2101 .

A jury convicted defendant Delaney Geral Marks of two counts of first degree murder (Pen.Code, § 187; all further statutory references are to this code unless otherwise indicated) and two counts of attempted premeditated murder (§§ 664, 187). With respect to all counts, the jury found true the allegation that defendant personally used a firearm (§ 12022.5). With respect to the attempted murders, the jury found defendant personally inflicted great bodily injury upon the victims (§ 12022.7). It found true the special circumstance allegations that defendant committed multiple murders (§ 190.2, subd. (a)(3)), committed murder in the commission, attempted commission or flight from a robbery (§ 190.2, subd. (a)(17)(A)), and committed murder against a transportation worker (§ 190.25). At a subsequent proceeding, it found beyond a reasonable doubt defendant had suffered four prior felony convictions and served two prior prison terms. The jury set the penalty for the capital crimes at death. The trial court denied defendant's motion to modify the sentence (§ 190.4, subd. (e)). This appeal is automatic (Cal. Const., art. VI, §…