Pearson

Defendant Kevin Darnell Pearson was convicted and sentenced to death for the 1998 first degree murder of Penny Sigler, also known as Penny Keptra. The jury found the murder was committed during the course of robbery, kidnapping, rape, and sexual penetration by a foreign object, and that it involved the infliction of torture. (Pen. Code, §§ 187, 189, 190.2, subd. (a)(17), (18).) In addition, defendant was convicted and sentenced to state prison for robbery, forcible rape, sexual penetration by a foreign object, forcible rape and sexual penetration by a foreign object while acting in concert, kidnapping for purposes of rape, and torture. (§§ 206, 209, subd. (b)(1), 211, 261, subd. (a)(2), 264.1, 289, subd. (a)(1).) On this automatic appeal (§ 1239, subd. (b)), we affirm the convictions of first degree murder and the other charged felonies, but reverse the judgment as to the penalty of death due to the trial court’s improper excusal of a prospective juror because of her views on capital punishment.

Factual Background

The evidence showed defendant and two other men, Jamelle Armstrong and Warren Hardy, killed the victim, a stranger to them, during a brutal robbery and sexual…