People v. Earp

Opinion

KENNARD, J.

Defendant appeals his conviction by jury verdict of one count of first degree murder (Pen. Code, § 187; unless otherwise stated, all further statutory references are to this code), with three felony-murder special circumstances: murder in the commission of rape, of sodomy, and of a lewd or lascivious act upon a child less than fourteen years old (§ 190.2, former subd. (a)(17)(iii), (iv), and (v)). The jury returned a penalty verdict of death. This appeal is automatic. (§ 1239, subd. (b).)

I. Facts and Proceedings

A. Prosecution’s Guilt Phase Case

In August 1988, defendant was…