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PEOPLE v. GUERRA

Docket Nos. Crim. 21738, 22750.

40 Cal.3d 377 (1985)

708 P.2d 1252

220 Cal. Rptr. 374

THE PEOPLE, Plaintiff and Respondent, v. DANNY MONTANA GUERRA, Defendant and Appellant. In re DANNY MONTANA GUERRA on Habeas Corpus.

Supreme Court of California.

November 18, 1985.

Attorney(s) appearing for the Case

COUNSEL

Christopher J. Schatz, under appointment by the Supreme Court, for Defendant and Appellant and Petitioner.

George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian and Steve White, Chief Assistant Attorneys General, Daniel J. Kremer, Assistant Attorney General, Michael D. Wellington, John W. Carney, Keith I. Motley, Jay M. Bloom and Lillian Lim Quon, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOSK, J.

This is an automatic appeal (Pen. Code, § 1239, subd. (b)) from a judgment of death under the 1978 death penalty law (id., § 190.1 et seq.). We conclude that the judgment must be affirmed as to guilt (except on the attempted murder count) but that the special circumstance findings must be set aside under compulsion of Carlos v. Superior Court<...

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