Spaniel

Defendant appeals from conviction, after a jury trial, of kidnaping for the purpose of robbery and of robbery by force and violence and sentence of life imprisonment without possibility of parole on the kidnaping charge alone after penalty trial by the court, jury having been waived.

Contentions

1. Evidence sufficient to show that the kidnaping was for the purpose of robbery and that defendant was able to form intent.

2. Defendant’s proposed instruction on specific intent due to use of LSD was covered by other instructions.

3. No prejudicial misconduct of prosecutor.

4. Section 209 of the Penal Code, kidnaping for purposes of robbery, is constitutional.

5. No error in excluding jurors opposed to the death penalty.

6. Death penalty as cruel and unusual punishment not involved.

7. No evidence of incompetence of trial counsel.

8. Defendant’s statements made prior to amended charge admissible.

9. Defendant physically and mentally able to stand trial.

10. Robbery conviction should not be reversed.

Record

Defendant was originally booked on the charge of attempted murder. Thereafter he was indicted, count One, for violation of section 209 of the Penal Code, kidnaping for the…