People v. Payton

Opinion

ARABIAN, J.

A jury convicted defendant of the 1980 first degree murder and rape of Pamela Montgomery, and the attempted murders of Patricia Pensinger and Patricia’s son, Blaine Pensinger, all counts with the use of a butcher knife. (Pen. Code, §§ 187, 261, former subd. (2), 664, 12022, subd. (a).)1 The jury also found true the special circumstance allegation that the murder was committed while engaged in the commission or attempted commission of rape. (§ 190.2, subd. (a) (17) (iii).) After a penalty trial, the jury imposed the death penalty. The court denied defendant’s automatic motion…