Page

People v. Page

Bad Law
2008 Cal. LEXIS 7698·2008 D.A.R. 9692·44 Cal. 4th 1·79 Cal. Rptr. 3d 4·186 P.3d 395
Supreme Court of CaliforniaJune 26, 2008S065707California26,791 words

Opinion

Opinion

George, J.

A jury convicted defendant Terrance Charles Page of the first degree murder of Tahisha Clay (Pen. Code, § 187, subd. (a)) and of the commission of a lewd act upon a child under the age of 14 years (Pen. Code, § 288, subd. (a)). The jury also found true the special circumstance allegation that the murder was committed while defendant was engaged in the commission of a lewd act upon a child. (§ 190.2, former subd. (a)(17)(v).) Following the penalty phase of the trial, the jury returned a verdict of death. Defendant moved for a new trial (§ 1181), to strike the special circumstance finding, and to reduce the penalty to life imprisonment without the possibility of parole (§ 190.4, subd. (e)). The trial court denied the motions and sentenced defendant to death. The court also sentenced defendant to a prison term of eight years for the commission of a lewd act upon a child under the age of 14 years. (§ 288, subd. (a).) This appeal is automatic. (§ 1239, subd. (b).)

We affirm the judgment in its entirety.

I. FACTS

A. Guilt phase evidence

1. The prosecution case

a. Summary

Tahisha Clay, six years of age, disappeared on April 23, 1993, when she chased a ball down a hill to…

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