People v. Gzikowski

Opinion

NEWMAN, J.

Defendant appeals from a judgment sentencing him to death for first degree murders of Raymond Velonza and Gary Oráis on April 20, 1978. The special circumstance underlying the sentence was that he “was personally present during the commission of the act or acts causing death, and with intent to cause death physically aided or committed such act or acts” and “has in this proceeding been convicted of more than one offense of murder of the first or second degree.” (Former Pen. Code, § 190.2, subd. (c)(5) [Stats. 1977, ch. 316, § 9].) He was also found, under Penal Code section…