People v. Whitt

Opinion

BIRD, C. J.

This is an automatic appeal from a judgment imposing a penalty of death under the 1978 death penalty law. (Pen. Code, § 190.1 et seq.; see Pen. Code, § 1239, subd. (b).)1

Two guilt phase issues require review. The first is whether the trial court correctly denied appellant’s motion to suppress the statements he made to a jailhouse informant. The second is whether the trial court erred in failing to fully instruct, sua sponte, on the risks involved in juror note-taking. The court concludes that neither issue merits reversal of the guilt verdicts. However, the special…