PEOPLE v. FARMER

Docket No. S004489. Crim. No. 22960.

47 Cal.3d 888 (1989)

765 P.2d 940

254 Cal. Rptr. 508

THE PEOPLE, Plaintiff and Respondent, v. LEE PERRY FARMER, JR., Defendant and Appellant.

Supreme Court of California.

January 12, 1989.


Attorney(s) appearing for the Case

COUNSEL

James F. Johnson, under appointment by the Supreme Court, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John W. Carney, Pat Zaharopoulos and Jay M. Bloom, 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.). As we shall explain, we conclude the judgment must be affirmed as to guilt but reversed as to penalty.

Erich Schmidt-Till returned home from his job at a restaurant in Riverside at approximately 1 a.m. About three hours later, a neighbor went to investigate...

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