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People v. Mungia (2008) , Cal.4th
[No. S060803. Aug. 14, 2008.]
THE PEOPLE, Plaintiff and Respondent, v. JOHN MUNGIA, Defendant and Appellant.
(Superior Court of Riverside County, No. CR-59671, J. Thompson Hanks, Judge.)
(Opinion by Kennard, J., expressing the unanimous view of the court.)
OPINION
KENNARD, J.-
A jury convicted defendant John Mungia of the first degree murder of Alma Franklin. (Pen. Code, §§ 187, 189; all further statutory references are to the Penal Code unless otherwise indicated.) It found true special circumstance allegations that the murder was committed while defendant was engaged in the commission of robbery (§ 190.2, former subd. (a)(17)(i), now subd. (a)(17)(A)) and burglary (§ 190.2, former subd. (a)(17)(vii), now subd. (a)(17)(G)), and that the murder was intentional and involved the infliction of torture (§ 190.2, subd. (a)(18)). At the penalty phase, the jury returned a verdict of death.
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