People V. Smith - In the Supreme Court of California

People V. Smith

By In the Supreme Court of California

  • Release Date: 2007-02-05
  • Genre: Law

Description

A jury convicted defendant Robert Lee Smith of the first degree murders of Michelle Dorsey and James Martin (Pen. Code, § 187), among other offenses, and found true the special circumstance allegations that defendant committed multiple murders (Pen. Code, § 190.2, subd. (a)(3)) and that each murder was committed during the commission of a robbery (Pen. Code, §§ 190.2, subd. (a)(17)(A), 211). Following a sanity phase held pursuant to defendant's plea of not guilty by reason of insanity, the jury returned a verdict that defendant was sane at the time of the offenses. After the penalty phase of the trial, the jury returned a verdict of death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).) As explained below, we will reverse defendant's conviction for receiving stolen property (Pen. Code, § 496, former subd. (1), now subd. (a)) and otherwise affirm the judgment.

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