People v. Ghent

Opinion

LUCAS, C. J.

Defendant David L. Ghent, Jr., appeals from a judgment imposing the death penalty following his conviction of first degree murder and attempted rape of Patricia Bert, and assault with intent to commit rape of Mrs. Preskitt. (See Pen. Code, §§ 187 [murder], 261 [rape], and 220 [assault to commit rape]; all further statutory references are to this code.) Defendant was tried under the 1977 death penalty law (see Stats. 1977, ch. 316, § 5 et seq.). Although the original jury was deadlocked regarding the special circumstances allegation (murder committed during a rape or…