People v. Montiel

Opinion

LUCAS, J.

This automatic appeal follows a judgment imposing a penalty of death pursuant to the 1978 death penalty law. (Pen. Code, §§ 190.1 et seq., 1239 et seq.; all statutory references are to this code unless otherwise indicated.)

An information was filed in superior court charging defendant Richard G. Montiel with the following offenses committed on January 13, 1979: count I, the robbery of Eva Mankin (§ 211); count II, the burglary of Ms. Man-kin’s residence (§ 459); count III, the murder of Gregorio Ante (§ 187); and count IV, the robbery of Mr. Ante. As to count III, it was…