People V. Anderson

In 1979, defendant was convicted of two counts each of first degree murder (Pen. Code, § 187, 189), *fn1 kidnapping for the purpose of robbery (§ 209), and robbery (§ 211) arising from a single incident in March 1979. As to each murder, the special circumstances of multiple murder (§ 190.2, subd. (a)(3)) and robbery murder (§ 190.2, subd. (a)(17)(A)) were found true. The jury sentenced defendant to death. In 1987, we affirmed the guilt judgment, struck one of the multiple-murder special circumstances, and reversed the penalty judgment for so-called Ramos error (People v. Ramos (1984) 37 Cal.3d 136 [improper Briggs instruction on Governor's commutation power]). (People v. Anderson (1987) 43 Cal.3d 1104 (Anderson I).)