People V. Ramirez

Defendant Richard Raymond Ramirez appeals from a judgment of death imposed under the 1978 death penalty law. (Pen. Code, § 190.1 et seq.)*fn1 At the initial phase of the trial proceedings, the jury found defendant guilty of first degree murder (§ 189), rape (§ 261), and sodomy (§ 286), and also found true two special circumstances, a rape-murder special circumstance (§ 190.2, subd. (a)(17)(iii)), and a sodomy-murder special circumstance (§ 190.2, subd. (a)(17)(iv)). At the first penalty phase trial, the jury was unable to reach a unanimous verdict and a mistrial was declared. At the second penalty phase trial, the jury returned a sentence of death, and the trial court denied defendant's application to modify the verdict and entered judgment in accordance with the jury's verdict. This appeal is automatic. (§ 1239, subd. (b).)