Cahill

—This matter comes before us upon remand by the California Supreme Court for further proceedings consistent with the views expressed in People v. Cahill (1993) 5 Cal.4th 478 [ 20 Cal.Rptr.2d 582 , 853 P.2d 1037 ].

The Supreme Court overruled its controlling decisions which held that, under the California Constitution, the admission of an involuntary confession compels reversal of the conviction. It held that the prejudicial effect of the error is to be determined by weighing the properly admitted evidence under the pertinent harmless error standard. We do so, and in the published portion of the opinion we conclude that the error in admitting the involuntary portion of defendant’s confession was harmless.

Defendant was convicted after a jury trial of one count of murder in the first degree, and the jury found true the allegations of special circumstances that the murder occurred in the course of burglary, robbery, and rape and that defendant used a deadly weapon in the commission of the murder. Defendant was also convicted of one count of the offense entailed in each finding of special circumstances, two counts of unlawful taking of a motor vehicle, and three additional…