In Re Malone

Opinion

WERDEGAR, J.

Kelvin Shelby Malone is confined at San Quentin State Prison pursuant to a judgment of death rendered in the San Bernardino County Superior Court. In that proceeding, he was convicted of the first degree murder (Pen. Code, §§ 187, 189) 1 of Myrtle Benham, with special circumstances of previous conviction of murder (§ 190.2, subd. (a)(2)) and murder during the course of robbery and kidnapping (§ 190.2, subd. (a)(17)(i), (ii)). The jury fixed the penalty at death. We affirmed the judgment on automatic appeal. (People v. Malone (1988) 47 Cal.3d 1 [252 Cal.Rptr. 525, 762 P.2d…