People v. Murtishaw

Opinion

EAGLESON, J.

A jury convicted David Leslie Murtishaw of three counts of first degree murder and one count of assault with intent to commit *1007murder. (Pen. Code, § 187; former § 217.)1 The jury also sustained one firearm-use allegation (§ 12022.5) and one multiple-murder special-circumstance allegation. (Former § 190.2, subd. (c)(5).) After a penalty trial, the jury set the penalty at death under the 1977 death penalty law. (See former § 190.1 et seq.; Stats. 1977, ch. 316, §§ 7-13, pp. 1257-1262.) This court affirmed the guilt and special circumstance findings but reversed the penalty…