PEOPLE v. HAYES

Docket No. Crim. 22185.

38 Cal.3d 780 (1985)

699 P.2d 1259

214 Cal. Rptr. 652

THE PEOPLE, Plaintiff and Respondent, v. JOHN WESTLEY HAYES, Defendant and Appellant.

Supreme Court of California.

June 6, 1985.


Attorney(s) appearing for the Case

COUNSEL

Dennis A. Fischer, under appointment by the Supreme Court, Melissa Hill and Fischer & Hill for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Susanne C. Wylie, Howard J. Schwab and William R. Weisman, 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 affirm the judgment as to guilt but set aside the special circumstance findings under compulsion of Carlos v. Superior Court (1983) 35 Cal.3d 131 [197 Cal.Rptr. 79

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