People v. Stringham

206 Cal.App.3d (1988)

Facts

Stringham (D) was convicted of second-degree murder and kidnapping. The evidence showed that D and others suspected that one Snipes had ripped them off. D and others then kidnapped Snipes, brutally beat him, and then executed him. D was alleged to have handed the gun to the defendant who shot and killed Snipes. D was charged with a capital offense, but plea bargained for voluntary manslaughter. Snipes’ family vigorously objected to the plea bargain. The family believed that D was getting a great deal because D’s mother worked for the county probation department. The local judge disqualified himself, and the new judge allowed Snipes’s father spoke. The prosecutor asked for the judge to accept the plea due to witness unavailability. The judge refused to accept the plea and D was convicted. D appealed; Snipes’ father should not have been allowed to testify at the plea hearing.