People v. Spears

Opinion

MOSK, J.

In People v. Davis (1981) 29 Cal.3d 814, 827-832 [176 Cal.Rptr. 521, 633 P.2d 186], we held as a matter of statutory construction that the former death penalty law (Stats. 1977, ch. 316, p. 1255) did not authorize imposing the sentence of life imprisonment without possibility of parole on minors. Here the sole issue is whether that construction remains valid under the amendments to the death penalty law adopted by initiative at the 1978 General Election. As will appear, we answer that question in the affirmative.

Defendant was charged with two counts of murder with special…