PEOPLE v. LYNCH
Filed 8/12/10
IN THE SUPREME
COURT OF CALIFORNIA
THE PEOPLE, )
)
Plaintiff
and Respondent, )
) S026408
v. )
)
FRANKLIN LYNCH, )
) Alameda
County
Defendant and Appellant. ) Super. Ct. No. H-10662
__________________________________ )
Story continued from part VI…..
2. Constitutionality of California's death
penalty statute
Defendant contends that California's
death penalty statute is constitutionally invalid in numerous respects. We have repeatedly rejected similar claims,
and do so again here.
â€
| Description | Defendant Franklin Lynch was convicted of the first degree murders of Pearl Larson, Adeline Figuerido, and Anna Constantin; the residential burglary of Larson, Figuerido, Constantin, Bessie Herrick, and Ruth Durham; and robbery of Figuerido, Constantin, Herrick, and Durham. (Pen. Code, §§ 187, subd. (a), 189, 211, 459.)[1] The jury also found true the special circumstance allegations of burglary murder and robbery murder as to all three murder victims, the multiple-murder special-circumstance allegation, and allegations that defendant personally inflicted great bodily injury on Herrick and Durham, who were persons 60 years of age or older. (§§ 190.2, subd. (a)(3), (17), former §§ 1203.075, 1203.09, subd. (a), 12022.7.) The jury returned a death verdict, and the trial court entered a judgment of death. This appeal is automatic. (Cal. Const., art. VI, § 11, subd. (a); § 1239, subd. (b).) For the reasons that follow, Court affirm the judgment. |
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