PEOPLE v. DAVENPORT

Docket No. Crim. 22356.

41 Cal.3d 247 (1985)

710 P.2d 861

221 Cal. Rptr. 794

THE PEOPLE, Plaintiff and Respondent, v. JOHN GALEN DAVENPORT, Defendant and Appellant.

Supreme Court of California.

December 31, 1985.


Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Supreme Court, Donald L.A. Kerson and William Blum, Deputy State Public Defenders, for Defendant and Appellant.

George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Harley D. Mayfield, Keith I. Motley and John W. Carney, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

REYNOSO, J.

Appellant stands convicted by a jury of murder in the first degree with the special circumstance that the murder was intentional and involved the infliction of torture. The jury fixed the penalty at death. The appeal to this court is automatic.

Appellant makes three challenges to the finding that the murder was committed under special circumstances. (Pen. Code, § 190.2 et seq.)1<...

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