Huggins

An Alameda County jury convicted Michael James Huggins of one count each of murder (Pen. Code, § 187), 1 burglary (§ 459), and robbery (§211). The jury found true the special circumstance allegations that defendant committed the murder in the course of, or immediate flight from, burglary, robbery, and rape or attempted rape (§ 190.2, former subd. (a)(17)(i), (iii), and (vii), now subd. (a)(17)(A), (C), and (G)). The jury also found true allegations that defendant personally used a firearm (§ 12022.5) and inflicted great bodily injury on the victim (§ 12022.7). The court, sitting without a jury, found true allegations that defendant previously had been convicted of two serious felonies within the meaning of section 667, along with a third prior felony conviction. The jury was unable to reach a verdict on the penalty and the court declared a mistrial. A new jury was impaneled, and it returned a verdict of death. The trial court entered judgment accordingly. This appeal is automatic. (§ 1239, subd. (b).)

Except for a sentence enhancement for prior convictions under section 667, subdivision (a), which must be set aside (see post, at p. 255), the judgment is…

In affirming defendant’s capital murder conviction, the majority may be right. Or it may be wrong. At this point, however, it is impossible to tell, because of an ambiguity in the appellate record. On its face, the record shows that at the competency phase of trial the court read to the jury an instruction that was wrong and would necessitate reversal of the entire judgment. But there is the possibility that the court gave a correct instruction, which the court reporter then inaccurately transcribed. (The trial court gave no written instructions to the jury.) In holding that this court is better able than the trial court to decide what the trial court did say to the jury, this court, an appellate tribunal, has annointed itself the arbiter of fact. Unlike the majority, I would have the trial court conduct a hearing to decide, based on its own recollection of the matter and that of the parties’ trial attorneys, what the oral instruction said.

I also disagree with the majority’s holding that the trial court’s erroneous response to a question by the jury at the guilt phase of defendant’s capital trial was harmless. That error, in my view, requires reversal of the special circumstance…

An Alameda County jury convicted Michael James Huggins of one count each of murder (Pen.Code, ї 187), [1] burglary (ї 459), and robbery (ї 211). The jury found true the special-circumstance allegations that defendant committed the murder in the course of, or immediate flight from, burglary, robbery, and rape or attempted rape (ї 190.2, former subd. (a)(17)(i), (iii), and (vii), now subd. (a)(17)(A), (C), and (G)). The jury also found true allegations that defendant personally used a firearm (ї 12022.5) and inflicted great bodily injury on the victim (ї 12022.7). The court, sitting without a jury, found true allegations that defendant previously had been convicted of two serious felonies within the meaning of section 667, along with a third prior felony conviction. The jury was unable to reach a verdict on the penalty and the court declared a mistrial. A new jury was impaneled, and it returned a verdict of death. The trial court entered judgment accordingly. This appeal is automatic. (ї 1239, subd. (b).)

Except for a sentence enhancement for prior convictions under section 667, subdivision (a), which must be set aside (see post, 41 Cal.Rptr.3d at p. 660 , 131 P.3d at…