People v. Jones

Opinion

KENNARD, J.

—A jury convicted defendant Earl Preston Jones of two counts of first degree murder (Pen. Code, § 187),1 finding that defendant had used a firearm in the commission of each offense (§ 12022.5) and that two multiple-murder special-circumstance allegations (§ 190.2, subd. (a)(3)) were true. The jury later determined that defendant was sane at the time he committed the offenses, and at the penalty phase returned a verdict of death. Defendant’s appeal to this court is automatic. (§ 1239, subd. (b).) We conclude that one of the multiple-murder special circumstances must be set…