P.

A jury found defendant Richard Lucio DeHoyos guilty of the 1989 first degree murder of nine-year-old Nadia Puente. (Pen. Code, § 187, subd. (a).) The jury determined defendant had kidnapped her in order to commit child molestation and that he raped, sodomized, and committed a lewd and lascivious act upon her. (§§ 207, subd. (b), 261, subd. (a)(2), 288, subd. (a); former § 286, subd. (c), as amended by Stats. 1988, ch. 1243, § 6, p. 4133 (now § 286, subd. (c)(1)).) The jury found true the special circumstances that the murder was committed while engaged in the commission of kidnapping, forcible rape, sodomy and performing a lewd and lascivious act upon a child under the age of 14. (Former § 190.2, subd. (a)(17)(ii)-(v), added by initiative, Prop. 7, approved by voters Nov. 7, 1978 (see now § 190.2, subd. (a)(17)(B)-(E)).) The jury found defendant was sane when he committed the crimes and determined the appropriate penalty to be death. Prior to sentencing, however, the trial court granted defendant’s motion for a new trial based on juror misconduct.

On retrial, the second jury found defendant guilty of the same charges: first degree murder, kidnapping for child…