Turner

Defendant Richard Dean Turner appeals from his sentence of death under the 1978 death penalty law imposed on retrial after this court reversed the original judgment of death in People v. Turner (1984) 37 Cal.3d 302 [ 208 Cal.Rptr. 196 , 690 P.2d 669 ] (Turner I).

In Turner I, a jury had convicted defendant of the first degree murders of Merle and Freda Claxton (Pen. Code, § 187), found true the “[sjpecial circumstance allegations that the murders were committed during [the] commission of [a] burglary (§ 190.2, subd. (a)(17)) and that [defendant] was convicted of more than one offense of murder (§ 190.2, subd. (a)(3)),” and set the penalty at death. (Turner I, supra, 37 Cal.3d at p. 308 .) We reversed the original judgment of death and set aside the special circumstance findings because the trial court failed to instruct on intent to kill as an element of the felony-murder and multiple-murder special circumstances. (See Carlos v. Superior Court (1983) 35 Cal.3d 131 [ 197 Cal.Rptr. 79 , 672 P.2d 862 ], overruled by People v. Anderson (1987) 43 Cal.3d 1104, 1147 [ 240 Cal.Rptr. 585 , 742 P.2d 1306 ].) We, however, affirmed in all other respects.

Thereafter, defendant…