People v. Silva

Opinion

KENNARD, J.

Defendant Mauricio Rodriguez Silva appeals from a judgment of death upon his conviction by jury verdict of two counts of first degree murder (Pen. Code, § 187), 1 with the multiple-murder special circumstance (§ 190.2, subd. (a)(3)), and one count of second degree murder (§ 187). After the first jury was unable to reach a verdict on the issue of penalty for the first degree murders with a special circumstance, the case was retried as to penalty, and a different jury returned a penalty verdict of death. The trial court denied the automatic motion to modify penalty (§ 190.4,…