Carlos v. Superior Court

Opinion

BROUSSARD, J.

The question before us is whether a defendant can be charged or convicted of murder with the special circumstance of felony murder under the 1978 death penalty initiative if he did not intend to kill or to aid in the commission of a killing. We approach that issue with due recognition of the importance of the matter. A finding of murder with special circumstances requires the trier of fact to choose between only two alternatives—death or life imprisonment without possibility of parole—the most severe punishments permitted under our law. The infliction of either punishment…