People v. Vaughn

Opinion

TOBRINER, J.

In 1968 defendant Edward Vaughn, then serving a fife

sentence, pled guilty to assault on a prison guard by force likely to produce great bodily injury (Pen. Code, § 4500) and a jury fixed the penalty at death. On appeal we reversed the judgment as to penalty under Witherspoon v. Illinois (1968) 391 U.S. 510 [20 L.Ed.2d 776, 88 S.Ct. 1770], but affirmed the judgment as to guilt. (People v. Vaughn (1969) *32471 Cal.2d 406 [78 Cal.Rptr. 186, 455 P.2d 122].) Upon retrial of the penalty issue, a jury again fixed the penalty at death and defendant’s automatic appeal is now before us…