People v. Smithey

Opinion

GEORGE, C. J.

Following the guilt phase of the trial, a jury found defendant George Hatton Smithey guilty of one count of first degree murder (Pen. Code, §§ 187, 189),1 first degree robbery (§§ 211, 212.5), attempted rape (§§ 261, former subd. (2),2 664), and first degree burglary (§§ 459, former 460.1).3 The jury found true the allegation that defendant used a deadly weapon (a knife) during the commission of these crimes. (§§ 12022, subd. (b), 12022.3, subd. (a).) The jury also found true three special-circumstance allegations—that the murder was committed while defendant was engaged…