People v. Mickle

Opinion

BAXTER, J.

Defendant Denny Mickle was convicted of one count of first degree murder (Pen. Code, § 187)1 with personal use of a knife (§ 12022, subd. (b)), and arson (§ 451, subd. (b)). Under the 1978 death penalty law, the jury found true a special circumstance that the murder occurred while defendant was engaged in the commission of a lewd and lascivious act upon a minor. (§ 190.2, subd. (a)(17)(v); see § 288, subd. (a).)

In a separate proceeding held after the guilt verdict was rendered but before the penalty phase began, the jury found defendant competent to stand *156trial. (§§ 1367,…