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 II…..
b) Discussion
A
trial court must grant a defendant's request for self-representation if the
defendant unequivocally asserts that right within a reasonable time prior to
the commencement of trial, and makes his request voluntarily, knowingly, and
intelligently. (People v. Welch (1999) 20 Cal.4th 701, 729; People v. Windham (1977)
19 Cal.3d 121, 127-128 (Windham).) As
the high court has stated, however, 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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