People v. Hogan

Opinion

BIRD, C. J.

This is an automatic appeal from a judgment imposing a penalty of death. (See Pen. Code, § 1239, subd. (b).)1 A habeas corpus petition alleging newly discovered exculpatory evidence was also filed in this court.

I

Carl David Hogan was convicted by a jury of the first degree murder of Theresa Holland and the first degree murder of Jeremy Montoya, Theresa Holland’s four-year-old son. (§§ 187, 189.) As a special circumstance it was alleged that appellant was personally present during the commission of the two murders, that he intended to cause the deaths and that he thereby…