People v. McLain

Opinion

MOSK, J.

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

Defendant was convicted on a jury’s verdict of the following offenses committed on or about November 7, 1979: the murder (Pen. Code, § 187) and rape (id., § 261, subd. (2)) of Joni Donnell Kelley, and conspiracy to commit that murder (id., §§ 182, 187) and that rape (id., §§ 182, 261, subd. *104(2)); and the attempted murder (id., §§ 187, 664) and attempted rape (id., §§ 261, subd. (2), 664) of Jodi W., conspiracy to rape Jodi W. (id.,…