Young

—The instant appeal arises from appellant’s act of driving an automobile down a crowded sidewalk in Westwood on the eve of the 1984 Summer Olympics. A jury convicted appellant of one count of first degree murder (Pen. Code, § 187) and 48 counts of attempted murder in the first degree (Pen. Code, §§ 664/187). The jury also found that appellant used a deadly weapon, an automobile, in each count (Pen. Code, § 12022, subd. (b)) and that great bodily injury was inflicted in 20 of the attempted murder counts (Pen. Code, §§ 12022.7 and 1203.075). The same jury found appellant sane at the time of the commission of the offenses. Appellant was sentenced to 80 years and 4 months on the attempted murder counts, and a consecutive term of 25 years to life for murder. The appeal is from the judgment.

There was no material issue at trial as to appellant’s participation in the charged offenses. The issues at trial instead centered on appellant’s ability to form the requisite mental states for murder and attempted murder, as well as appellant’s sanity. We therefore summarize the facts in light of the issues at trial.

Guilt Phase Facts

A. The Prosecution Case

On July 27, 1984, appellant…