People v. Kipp

Opinion

KENNARD, J.

Defendant Martin James Kipp appeals from a judgment of death upon his conviction by jury verdict of one count of murder in the first degree (Pen. Code, § 187), 1 with the special circumstance of murder in the commission of rape (§ 190.2, subd. (a)(17)(C)), and one count each of forcible rape (§ 261, subd. (a)(2)) and robbery (§ 211). The jury that returned these verdicts as to guilt and special circumstance also returned a penalty verdict of death for the offense of first degree murder. The trial court denied the automatic motion to modify penalty (§ 190.4, subd. (e)) and…