People v. Lara

Opinion

SULLIVAN, J.

Tony Montoya Lara was convicted of first degree murder (Pen. Code, § 187) and kidnaping for the purpose of robbery with the victim suffering bodily harm (Pen. Code, § 209). He was sentenced to death on the murder count and to life imprisonment without possibility of parole on the kidnaping count. The judgment was affirmed. (People v. Lara (1967) 67 Cal.2d 365 [62 Cal.Rptr. 586, 432 P.2d 202].) Thereafter, under compulsion of Witherspoon v. Illinois (1968) 391 U.S. 510 [20 L.Ed.2d 77.6, 88 S.Ct. 1770], the judgment was reversed insofar as it imposed the death penalty and was…