People V. Boyer

In 1984, a jury convicted defendant Richard Delmer Boyer of the first degree murders (Pen. Code, §§ 187, subd. (a), 189)*fn1 and robberies (§ 211) of Francis and Aileen Harbitz. An allegation that defendant used a deadly weapon, a knife, in each of the offenses was sustained. (§ 12022, former subd. (b), see now subd. (b)(1).) Under the 1978 death penalty law, special circumstances of multiple murder (§ 190.2, subd. (a)(3)), and robbery murder (id., former subd. (a)(17)(i), see now subd. (a)(17)(A)) were found true.*fn2 After a penalty trial, the jury sentenced defendant to death.