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People v. Hovarter (2008) , Cal.4th
[No. S018637. Aug. 11, 2008.]
THE PEOPLE, Plaintiff and Respondent, v. JACKIE RAY HOVARTER, Defendant and Appellant.
(Superior Court of Humboldt County, No. 10293, William F. Ferroggiaro, Jr., Judge.)
(Opinion by Werdegar, J., expressing the unanimous view of the court.)
OPINION
WERDEGAR, J.-
A Humboldt County jury convicted Jackie Ray Hovarter in 1988 of the first degree murder of Danna Elizabeth Walsh. (Pen. Code, § 187; all further statutory references are to this code unless otherwise indicated.) It also convicted defendant of kidnapping and forcibly raping Walsh (§§ 207, subd. (a), 261, former subd. (2), now see id., subd. (a)(2)) and sustained special circumstance allegations that he murdered Walsh while engaged in the commission of a kidnapping and rape (§ 190.2, former subd. (a)(17)(ii) & (iii), now subd. (a)(17)(B) & (C)). The jury was unable to reach a verdict as to penalty, and the trial court declared a mistrial. Defendant, with the agreement of counsel, waived his right to a jury for the penalty retrial, and in 1989, the trial court, sitting as the trier of fact, returned a verdict of death under the 1978 death penalty law. (§ 190.1 et seq.) This appeal is automatic. (§ 1239, subd. (b).)
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