People v. Berryman

Opinion

MOSK, J.

This is an automatic appeal (Pen. Code, § 1239, subd. (b)) from a judgment of death under the 1978 death penalty law (id., § 190 et seq.).

On November 2, 1987, the District Attorney of Kern County filed an information against defendant Rodney Berryman in the superior court of that county.

Count I charged that on or about September 6, 1987, defendant murdered Florence Hildreth. (Pen. "Code, § 187.) It was alleged for death eligibility that he did so under the special circumstance of felony murder in the course of rape (id., § 261). (Id., § 190.2, subd. (a)(17)(iii).) It was…