People v. Milner

Opinion

PANELLI, J.

Defendant Lynn Bernard Milner was convicted of first degree murder (Pen. Code, § 187) 1 and robbery (§ 211), both with use of a deadly weapon (§ 12022, subd. (b)). A special circumstance allegation that the murder was committed in the course of a robbery was found true (§ 190.2, subd. (a)(17)(i)). The jury sentenced defendant to death; this appeal is automatic. (Cal. Const., art. VI, § 11; § 1239, subd. (b).)

We affirm the judgment as to guilt and the special circumstance finding. We reverse the judgment as to penalty under compulsion of Caldwell v. Mississippi (1985) 472…