People v. Booker

Opinion

FLEMING, J.

This case was originally an automatic appeal from a judgment imposing the death sentence after a jury convicted appellant of four counts of first degree murder and kidnaping for the purpose of robbery. The Supreme Court transferred the case here after holding unconstitutional the California death penalty statutes then in effect. (Rockwell v. Superior Court (1976) 18 Cal.3d 420 [134 Cal.Rptr. 650, 556 P.2d 1101].) Accordingly we must reduce the penalty imposed to confinement in the state prison for life. (Pen. Code, § 190.)

Appellant’s contentions are as follows: that no…