Opinion
S046848
01-30-2019
PEOPLE v. DALTON (KERRY LYN)
Supplemental briefing ordered
The parties are directed to serve and file supplemental letter briefs on the following issues: (1) Assuming substantial evidence supports the conspiracy to commit murder conviction (Count I), was the imposition of a death sentence on Count I unauthorized because conspiracy to commit murder does not render a defendant death eligible? (See People v. Vieira (2005) 35 Cal.4th 264, 294; People v. Lawley (2002) 27 Cal.4th 102, 171-172.) (2) If the death sentence on Count I is unauthorized, what is the proper sentence for conspiracy to commit murder?
The parties are directed to file simultaneous supplemental opening letter briefs limited to these questions on or before February 19, 2019, and may file simultaneous supplemental reply letter briefs limited to these questions on or before February 26, 2019.
The matter will be submitted when the court has heard oral argument or on the date that the last supplemental brief is or could be timely filed under this order or any subsequent order of this court, whichever comes later. (See Cal. Rules of Court, rule 8.524, subd. (h)(1).)