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PEOPLE v. SALAS

Docket No. Crim. 12937.

7 Cal.3d 812 (1972)

500 P.2d 7

103 Cal. Rptr. 431

THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO CARRASCO SALAS, Defendant and Appellant.

Supreme Court of California. In Bank.

August 18, 1972.

Attorney(s) appearing for the Case

COUNSEL

Robert Carl Anderson, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Edward A. Hinz, Jr., Deputy Attorney General, for Plaintiff and Respondent.

OPINION

WRIGHT, C.J.

A jury found defendant guilty of first degree murder (Pen. Code, §§ 187, 189) and first degree robbery (Pen. Code, §§ 211, 211a) and fixed the penalty for the murder at death (Pen. Code, § 190).1 Defendant's motion for a new trial was denied. As the death penalty cannot be constitutionally imposed we modify the judgment in accordance with

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