People v. Malone

Opinion

PANELLI, J.

This is an automatic appeal from a judgment of death imposed under the 1978 law. (Pen. Code, § 190.1 et seq.; see id., § 1239, *12subd. (b).)1 Defendant was convicted of kidnapping for the purpose of robbery (§ 209), robbery (§211) and first degree murder (§§ 187, 189). The jury found true the firearm-use allegations (§ 12022.5) and the special circumstance allegations that the murder had been committed during a robbery and a kidnapping (§ 190.2, subd. (a)(17)(i), (ii)). In a separate proceeding the jury also found true the special circumstance allegation that defendant had…