People v. Gomez

Defendant was charged with the murder of Warren Hood Cunningham. He pleaded not guilty and not guilty by reason of insanity. A jury found him guilty of first degree murder and fixed the penalty at death. Thereafter the jury found that defendant was sane at the time of the commission of the crime. This is an appeal (as provided for by subdivision (b) of section 1239 of the Penal Code) from the resulting judgment of conviction and from an order denying defendant’s motion for a new trial. We have concluded that defendant was fairly tried and, under applicable law, correctly sentenced.

The record…