PEOPLE v. CRUZ

Docket No. Crim. 19162.

26 Cal.3d 233 (1980)

605 P.2d 830

162 Cal. Rptr. 1

THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO PALACIO CRUZ, Defendant and Appellant.

Supreme Court of California.

January 24, 1980.


Attorney(s) appearing for the Case

COUNSEL

Sanford Jay Rosen, under appointment by the Supreme Court, Thelton E. Henderson, Robert S. Baker, Kathleen Purcell and Rosen, Remcho & Henderson for Defendant and Appellant.

Paul Halvonik, State Public Defender, and Charles M. Sevilla, Chief Assistant State Public Defender, as Amici Curiae on behalf of Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, James T. McNally and Susan Rankin Bunting, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

NEWMAN, J.

Defendant appeals from conviction after a jury trial on three counts of first degree murder. He was found to be sane as to each count and was sentenced to death.

I. Facts

In the very early hours of June 3, 1975, using a length of pipe, defendant crushed the skulls of his wife, a 15-year-old step-grandson, and a 10-year-old step-granddaughter. An eight-year-old step-granddaughter waked while...

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