Scheid

People v. Scheid

Bad Law
16 Cal. 4th 1·1997 Cal. LEXIS 3701·65 Cal. Rptr. 2d 348·97 Daily Journal DAR 9176·939 P.2d 748
Supreme Court of CaliforniaJuly 17, 1997No. S056981California7,144 words

Opinion

Lead Opinion

George, J.

*5 Opinion

In 1994, defendant Nanette Scheid was convicted of one count of first degree murder, two counts of robbery, and one count of burglary. (Pen. Code, §§ 187, 211, 459.) 1 A divided Court of Appeal reversed the convictions, concluding that the trial court erred in admitting into evidence a single photograph of the murder scene, and that the erroneous admission of this photograph was sufficiently prejudicial to require reversal.

As we shall explain, we conclude the Court of Appeal erred in finding the admission of the photograph to have been improper, and further conclude that, in any event, the admission of this evidence was not prejudicial. Accordingly, we reverse the judgment of the Court of Appeal.

I.

A.

The present appeal is from a conviction after retrial. In 1992, a jury convicted defendant of one count of first degree murder, two counts of robbery, and one count of burglary. The trial court sentenced defendant to an indeterminate term of imprisonment of 26 years to life. In 1993, the Court of Appeal reversed the judgment on the ground the trial court improperly had denied defendant’s motion to be tried separately from her codefendants.

In 1994, on retrial, a…

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