Talamantez

The amended information accused defendant Roland Talamantez with the murder of Richard Heggie. (Pen. Code, § 187.) Three special circumstances were alleged: (1) Talamantez killed the victim because of his race (Pen. Code, § 190.2, subd. (a)(16)); (2) Talamantez killed Heggie while in commission of kidnaping (Pen. Code, § 207), in violation of Penal Code section 190.2, subd. (a)(17)(ii); and (3) Talamantez intentionally killed the victim while inflicting torture upon him (Pen. Code, § 190.2, subd. (a)(18)). It was also charged Talamantez suffered three prior felony convictions (Pen. Code, § 667.5, subd. (b)). After denial of a series of pretrial motions and upon a jury trial, Talamantez was convicted of murder in the first degree based upon a finding of torture murder. The special circumstances of murder by torture, killing because of race and killing during the commission or attempted commission of a kidnaping, were found to be true. Upon bifurcated trial of the penalty phase, the jury returned a verdict fixing the punishment at confinement in state prison for life without possibility of parole. Talamantez was sentenced to state prison for life without possibility of…