People v. Mungia

Opinion

KENNARD, J.

A jury convicted defendant John Mungia of the first degree murder of Alma Franklin. (Pen. Code, §§ 187, 189; all further statutory references are to the Penal Code unless otherwise indicated.) It found true special circumstance allegations that the murder was committed while defendant was engaged in the commission of robbery (§ 190.2, former subd. (a)(17)(i), now subd. (a)(17)(A)) and burglary (§ 190.2, former *1106subd. (a)(17)(vii), now subd. (a)(17)(G)), and that the murder was intentional and involved the infliction of torture (§ 190.2, subd. (a)(18)). At the penalty phase,…