(Download) "In Re Rosoto" by Supreme Court Of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: In Re Rosoto
- Author : Supreme Court Of California
- Release Date : January 18, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Petitioners, Joseph Rosoto, John Frank Vlahovich, and Donald Glen Franklin, were convicted of murder in the first degree and of several additional crimes.*fn1 We affirmed the judgments imposing the death penalty in People v. Rosoto (1962) 58 Cal. 2d 304 [23 Cal. Rptr. 779, 373 P.2d 867]. Petitioners subsequently sought by writ of habeas corpus to set aside the judgments claiming that a key prosecution witness, Michael Rosoto (Michael), the half-brother of Joseph Rosoto, committed perjury and that the prosecuting authorities were aware of the perjury. We appointed a referee who found, after a lengthy reference, that Michael had not perjured himself. We adopted the referee's findings but because of errors in the penalty proceedings issued the writ, recalled the remittitur, reversed the judgments insofar as they related to the death penalty and affirmed in all other respects. (People v. Rosoto (1965) 62 Cal. 2d 684 [43 Cal. Rptr. 828, 401 P.2d 220].) Upon stipulations of petitioners, their counsel, and the Attorney General, acting in the place and stead of the District Attorney of Orange County, petitioners were subsequently sentenced to life imprisonment.