In Re Gay

*779Opinion

BAXTER, J.

Petitioner Kenneth Earl Gay was convicted by a jury of the June 1, 1983, first degree murder (Pen. Code, § 189)1 of Paul Verna, a Los Angeles police officer. The jury found that the murder was an intentional killing of a peace officer engaged in the performance of his duties; that the murder was committed for the purpose of avoiding lawful arrest (§ 190.2, subd. (a)(5)); that a principal was armed with a firearm (§ 12022); and that petitioner personally used a firearm (§§ 12022.5, subd. (a), 1203.06, subd. (a)(1)). The jury returned a penalty verdict of death.

The jury also…