Pendleton

During a 10-day period between September 29 and October 9, 1979, this defendant, along with various accomplices, committed a series of armed robberies. In each instance defendant was armed with a shotgun.

In a robbery of a bar committed on October 6, defendant and his accomplice, one Robert Tanner, were both armed with shotguns. Each used his weapon to menace the customers and employees in the bar. While defendant was removing $27 from the cash register, Tanner shot and killed one of the customers who disobeyed an order to stand still.

On October 29, 1979, a deputy sheriff attempted to apprehend defendant and Tanner. Defendant shot the deputy in the face with the shotgun. The deputy survived but was blinded in one eye.

A jury found defendant guilty of a count of first degree murder, five counts of robbery, one count of attempted robbery, one count of kidnaping for robbery and one count of assault with a deadly weapon on a peace officer.

The charge of first degree murder was predicated on the felony-murder doctrine and defendant’s role as a coparticipant in the armed robbery where the killing occurred.

The jury also found the existence of special circumstances in that…