Watters

By indictment, the defendant Watters and a codefendant named La Vergne were charged with the offenses of murder, robbery and assault by means of force likely to produce great bodily injury; all involved the same victim; and all occurring on January 7, 1965. The codefend *156 ant LaVergne was tried separately; was found guilty of all offenses; and, pursuant to the verdict on the penalty phase of the murder charge, was sentenced to death. His conviction and the judgment imposing sentences, including that of death, were affirmed on appeal. (People v. La Vergne, 64 Cal.2d 265 [ 49 Cal.Rptr. 557 , 411 P.2d 309 ].) The defendant Watters had left the State of California immediately following the events charged as offenses; went to Rochester, New York; was arrested at the latter place; at a hearing before the court in that state waived extradition; and was returned to California for trial. Subsequently, by an amended indictment, defendant was charged with murder, kidnaping for the purpose of robbery, and robbery; was found guilty of murder in the first degree, kidnaping with intent to rob and with infliction of bodily harm upon the victim, and robbery in the first degree; on the penalty…