People v. Frank

Opinion

LUCAS, C. J.

Defendant Theodore Francis Frank appeals from a judgment imposing the death penalty following his conviction of first degree murder with special circumstances and other offenses. In People v. Frank (1985) 38 Cal.3d 711 [214 Cal.Rptr. 801, 700 P.2d 415] (Frank I), we reversed defendant’s original judgment as to penalty, finding prejudicial error in the seizure and admission of his notebooks, which contained incriminating statements. We affirmed the judgment in all other respects, and denied a habeas corpus petition. On retrial of penalty, pursuant to the 1977 death penalty…