People v. Allison

*885Opinion

EAGLESON, J.

Defendant Watson Allison was convicted of the robbery (Pen. Code, § 211)1 and first degree murder (§ 187) of Leonard Wesley Polk. Defendant was found to have personally used a firearm in the commission of both offenses. (§ 12022.5.) One special circumstance allegation under the 1978 death penalty law was found true: that defendant committed the murder while engaged in the commission or attempted commission of robbery. (§ 190.2, subd. (a)(17)(i).) The jury fixed the penalty at death; this appeal is automatic. (Cal. Const., art. VI, § 11; § 1239, subd. (b).)2

For the reasons…