Milan

People v. Milan

Good Law

107 Cal. Rptr. 68·1973 Cal. LEXIS 184·9 Cal. 3d 185·507 P.2d 956

Supreme Court of CaliforniaMarch 28, 1973Crim. No. 15377California4,393 words

Opinion

lead Opinion

Burke, J.

Michael Milan was found guilty by a jury of first degree murder of Keith Burney, kidnaping Burney for the purpose of robbery with *189 bodily harm, first degree robbery of Burney, attempted, murder of Horace Robert, and first degree robbery of Raymond Lester. The jury fixed the penalty at death for the murder and at fife imprisonment without possibility of parole for the kidnaping, and the court imposed prison sentences for the other crimes. 1 A motion for a new trial was denied, and defendant’s automatic appeal is now before us. (Pen. Code, § 1239, subd. (b).)

Defendant contends that the court erred in admitting certain evidence, in instructing the jury, and in denying his challenge to the petit jury panel. We have concluded that none of the contentions can be upheld. However, the judgment must be modified to provide for a penalty of life imprisonment instead of death for the murder in accord with our holding in People v. Anderson, 6 Cal.3d 628 [ 100 Cal.Rptr. 152 , 493 P.2d 880 ]. (See also Furman v. Georgia, 408 U.S. 238 [ 33 L.Ed.2d 346 , 92 S.Ct. 2726 ].) 2 Certain modifications of the judgment are also required as a result of the proscription in Penal Code section…

concurrence Opinion

McComb, J.

I concur in the opinion, except that, for the reasons expressed in my dissenting opinion in People v. Anderson, 6 Cal.3d 628, 657 [ 100 Cal.Rptr. 152 , 493 P.2d 880 ], I dissent from that part of the modification of' the judgment that provides a punishment of life imprisonment instead of death on the murder count. (See Cal. Const., art. I, § 27.)

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Parties

THE PEOPLE, and
Plaintiff
MICHAEL DAMIEN MILAN, and
Defendant

Judges

Burke
McComb

Cites (50)

Anderson, 6 Cal. 3d 628
408 U.S. 238
71 Cal. 2d 1119
Timmons, 4 Cal. 3d 411, 414-415
2 Cal. App. 3d 345
64 Cal. 2d 310
Reese, 47 Cal. 2d 112, 119-120
60 Cal. 2d 631
1 Cal. 3d 277
65 Cal. 2d 768
59 Cal. 2d 622
7 Cal. 3d 812
2 Cal. 3d 362
70 Cal. 2d 333
63 Cal. 2d 166
37 Cal. 2d 656
48 Cal. 2d 345
64 Cal. 2d 560
37 Cal. 2d 584
264 Cal. App. 2d 648
394 U.S. 911
55 Cal. App. 2d 238
64 Cal. 2d 633
59 Cal. 2d 503
1 Cal. 3d 581
63 Cal. 2d 859
56 Cal. 2d 71
261 Cal. App. 2d 149
328 U.S. 217
12 Cal. App. 3d 526
104 Cal. App. 2d 642
96 L. Ed. 661
56 Cal. 2d 549
52 Cal. 2d 467
52 Cal. 2d 425
38 Cal. 2d 166
8 Cal. 3d 625
64 Cal. 2d 672
55 Cal. 2d 11
255 Cal. App. 2d 62
4 Cal. 3d 826
252 Cal. App. 2d 844
66 Cal. 2d 183
65 Cal. 2d 650
63 Cal. 2d 671
1 Cal. 3d 368
37 A.L.R. 3d 1398
107 U.S. 221
8 Cal. 3d 349
6 Cal. 3d 628