People v. Smith, Jr.

Opinion

CORRIGAN, J.

A jury convicted defendant Paul Gordon Smith, Jr., of the first degree murder of Lora Sinner, with the special circumstance of torture. The jury also found defendant guilty of false imprisonment by violence and conspiracy to commit murder. It determined that he used a deadly weapon and inflicted great bodily injury. The jury decided death was the appropriate penalty, and the court imposed that sentence. This appeal is automatic.

We affirm as to guilt, but reverse the penalty judgment. Defendant’s violent attempt to escape from jail just before his trial began created…