People v. Hayes

Opinion

MOSK, J.

This is an automatic appeal (Pen. Code, § 1239, subd. (b)) from a judgment of death under the 1978 death penalty law (id., § 190.1 et seq.). We affirm the judgment as to guilt but set aside the special circumstance findings under compulsion of Carlos v. Superior Court (1983) 35 Cal.3d 131 [197 Cal.Rptr. 79, 672 P.2d 862], and People v. Garcia (1984) 36 Cal.3d 539 [205 Cal.Rptr. 265, 684 P.2d 826]. The Attorney General concedes this is the proper disposition.

The facts necessary to decide this appeal are undisputed. Defendant put on no defense at the guilt phase.

On July 5, 1980,…