People v. Durre

QUINN, Justice.

In this phase of a bifurcated appeal, we consider the single issue of whether special jury verdicts on aggravation and mitigation, which were returned at a sentencing hearing conducted pursuant to section 16-11-103, 8 C.R.S. (1973 & Supp.1983), after the jury had found the defendant guilty of first degree murder, satisfied the statutory requirement of unanimity so as to validate the sentence of death thereafter imposed by the trial court. 1 We conclude that the verdicts were impermissibly uncertain and thus failed to satisfy the unanimity requirement essential for any verdict…