Crew

Summary

The People appeal after the trial court granted an automatic motion to modify the jury’s verdict of death to one of life without possibility of parole. (Pen. Code, § 190.4, subd. (e), hereafter, § 190.4(e).) In ruling on the motion tiie judge compared the facts of the present case with the facts of other capital cases he had heard in which the death penalty had been imposed. Based in part on this comparison the judge concluded tiie death penalty was not warranted in the present case. The People argue that this comparison, known as intercase proportionality review, was unauthorized because the facts of the other capital cases were not presented to the penalty jury herein. The People also contend the court’s remaining statement of reasons for granting the motion was inadequate. As the first contention has merit we will reverse and remand so that the court may reconsider the motion based solely on the evidence presented to the penalty jury.

Facts and Proceedings

Defendant met the victim at a bar in San Jose during the fall of 1981. After a brief affair the two separated in the winter of 1981. They reconciled in the spring of 1982 and were married in Reno in June…