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CARLOS v. SUPERIOR COURT

Docket No. L.A. 31487.

35 Cal.3d 131 (1983)

672 P.2d 862

197 Cal. Rptr. 79

CELESTINO MARK CARLOS, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

December 12, 1983.

Attorney(s) appearing for the Case

COUNSEL

Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Dennis A. Fischer, Richard Santwier and Morton Borenstein, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

John K. Van de Kamp, District Attorney, Harry B. Sondheim, Donald J. Kaplan and Maurice H. Oppenheim, Deputy District Attorneys, for Real Party in Interest.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Norman H. Sokolow and Howard J. Schwab, Deputy Attorneys General, as Amici Curiae on behalf of Real Party in Interest, upon the request of the Supreme Court.

OPINION

BROUSSARD, J.

The question before us is whether a defendant can be charged or convicted of murder with the special circumstance of felony murder under the 1978 death penalty initiative if he did not intend to kill or to aid in the commission of a killing. We approach that issue with due recognition of the importance of the matter. A finding of murder with special circumstances requires the trier of fact to choose between...

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