People v. Kelly

Opinion

CHIN, J.

A jury convicted defendant Douglas Oliver Kelly of the first degree murder of Sara Weir under the special circumstances of robbery and rape murder and with personal use of a deadly weapon. (Pen. Code, §§ 187, 190.2, subd. (a)(17), 12022, subd. (b).)1 After a penalty trial, the jury returned a verdict of death. The court denied the automatic motion to modify the verdict (§ 190.4) and imposed that sentence. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment.

I. Facts

A. Guilt Phase

1. Overview

On September 15, 1993, 10-year-old Eric A. discovered Sara Weir’s nude…