People v. Boyer

Opinion

BAXTER, J.

In 1984, a jury convicted defendant Richard Delmer Boyer of the first degree murders (Pen. Code, §§ 187, subd. (a), 189) 1 and robberies (§ 211) of Francis and Aileen Harbitz. An allegation that defendant used a deadly weapon, a knife, in each of the offenses was sustained. (§ 12022, former subd. (b), see now subd. (b)(1).) Under the 1978 death penalty law, special circumstances of multiple murder (§ 190.2, subd. (a)(3)), and robbery murder (id., former subd. (a)(17)(i), see now subd. (a)(17)(A)) were found true. 2 After a penalty trial, the jury sentenced defendant to death.

W…