People v. Crandell

Opinion

KAUFMAN, J.

This is an automatic appeal (Pen. Code, § 1239, subd. (b))1 from a judgment of death under the 1978 death penalty law (§ 190.1 et seq.). We shall affirm the judgment as to guilt, and as to one of two special circumstance findings, but we shall reverse the judgment as to penalty.

Defendant was charged with the murders of Ernest P. (Ernest) and Edward P. (Edward). The special circumstance of multiple murders (§ 190.2, *848subd. (a)(3)) was alleged as to each murder count. Defendant was also charged with assault with intent to rape and kidnapping of Marie P. (Marie). Defendant was…