People v. Hathcock

Opinion

TOBRINER, J.

After an initial mistrial defendant Weldon Lee Hathcock was convicted upon a jury verdict of two counts of first degree murder (Pen. Code, § 187) and two counts of kidnaping (Pen. Code, § 207). A separate jury thereafter set the penalty for each-of the two counts of murder at death. (Pen. Code, § 190.) The case is now before us on an automatic appeal. (Pen. Code, § 1239, subd. (b).) For the reasons discussed below, we affirm the judgment as modified to provide for a punishment of life imprisonment rather than death.

This criminal proceeding arises from the deaths of A1 Owens…