Murtishaw

Capital defendant David Leslie Murtishaw comes before this court for the third time. “[In 1978 a] jury convicted [defendant] of three counts of first degree murder .... (Pen. Code, § 187; former § 217.)[ ] The jury also sustained one firearm-use allegation (§ 12022.5) and one multiple-murder special-circumstance allegation. (Former § 190.2, subd. (c)(5).) After a penalty trial, the jury set the penalty at death under the 1977 death penalty law. (See former § 190.1 et seq.; Stats. 1977, ch. 316, §§ 7-13, pp. 1257-1262.) This court affirmed the guilt and special circumstance findings but reversed the penalty judgment. (People v. Murtishaw (1981) 29 Cal.3d 733 [ 175 Cal.Rptr. 738 , 631 P.2d 446 ] (Murtishaw I).) After a penalty retrial, a jury once again determined that defendant should suffer the ultimate punishment.” (People v. Murtishaw (1989) 48 Cal.3d 1001, 1006-1007 [ 258 Cal.Rptr. 821 , 773 P.2d 172 ], fn. omitted (Murtishaw II).) In Murtishaw II, we “rejected] defendant’s attempt to reopen the validity of the guilt judgment [and found] no error at the second penalty trial which warranted] reversal of the verdict. We therefore affirm[ed] the judgment in full.” (Id. at…