People v. Johnson
Annotate this CaseAfter a jury trial, Defendant was found guilty of first degree murder by personal use of a firearm and second degree murder by personal use of a firearm. The jury further found true that Defendant committed the first degree murder while engaged in the commission of a robbery and a kidnapping and kidnapping for robbery. After a second penalty trial, the jury fixed the penalty at death. The trial court sentenced Defendant to death on both murder counts. The Supreme Court (1) reversed the judgment of death as to the second degree murder conviction because death is not an authorized sentence for second degree murder; (2) set aside the kidnapping-murder special-circumstance finding due to instructional error; but (3) affirmed the judgment in all other respects, holding that no other prejudicial error occurred.
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