Carrasco

People v. Carrasco

Bad Law
175 Cal. Rptr. 3d 538·2014 Cal. LEXIS 5461·59 Cal. 4th 924·2014 WL 3805476·330 P.3d 859
Supreme Court of CaliforniaAugust 4, 2014S077009California29,146 words

Opinion

Opinion

Liu, J.

Defendant Robert Carrasco was convicted of the first degree murders of George Camacho and Allan Friedman, the second degree robbery of Friedman, and escape from jail. (Pen. Code, §§ 187, subd. (a), 189, 211, 4532, subd. (b)(1); all undesignated statutory references are to this code.) The jury also found true weapon-use sentence-enhancement allegations and special circumstance allegations that defendant committed multiple murders and that the murders were especially heinous, atrocious, or cruel. (§ 190.2, subd. (a)(3), (14), former §§ 1203.06, subd. (a)(1), 12022.5, subd. (a).) In addition, as to the Camacho murder, the jury found true the special circumstance allegation of financial gain, and as to the Friedman murder, the jury found true the special circumstance allegation of robbery murder. (§ 190.2, subd. (a)(1), (17).) The jury returned a death verdict, and the trial court entered a judgment of death. This appeal is automatic. (Cal. Const., art. VI, § 11, subd. (a); § 1239, subd. (b).) For the reasons that follow, we vacate the true findings on the two section 190.2, subdivision (a)(14) special circumstance allegations (post, pt. H.B.6.C., p. 969 et seq.) and…

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