On the morning of January 3, 1979, defendant entered the Twin Peaks Grocery in San Francisco, looked around, and left without buying anything. Defendant's appeal to this court is automatic.
550 calibre revolver trial#
3d 620 (Massie I).) Section 1018 expressly prohibits a trial court from accepting a "plea of guilty of a felony for which the maximum sentence is death, or life imprisonment without the possibility of parole," when the plea is "without the consent of the defendant's counsel." At a retrial in which defendant was represented by counsel, a jury convicted defendant of the crimes against victim Naumoff and found true the two special circumstance allegations, and at the penalty phase the jury returned a verdict of death. In 1985, this court reversed defendant's death sentence, the convictions for the robbery and murder of Naumoff, and the two special circumstances, holding that defendant's guilty pleas to the murder and robbery charges were invalid because they were made against the advice of counsel, in violation of section 1018. After a penalty trial at which defendant waived his right to a jury and represented himself, the trial court set the penalty at death. He also pleaded guilty to the robbery (§ 211) of Yasphine Khashan and George Shatara, assault with a deadly weapon (§ 245) on Charles Harris, and four counts of possession of a concealable firearm by a convicted felon (§ 12021). (a)(2)) and robbery murder (§ 190.2, former subd. 1 and robbery (§ 211) of Boris Naumoff, and he admitted special circumstance allegations of prior murder (§ 190.2, subd. In 1979, defendant Robert Lee Massie pleaded guilty, against the advice of counsel, to the murder (Pen. Engler and Bruce Ortega, Deputy Attorneys General, for Plaintiff and Respondent. Bass, Assistant Attorney General, Dane R. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Jenkins and Sedgwick, Detert, Moran & Arnold for Defendant and Appellant. Baker, under appointment by the Supreme Court, Kirk C. (Opinion by Kennard, J., expressing the unanimous view of the court.)įrederick D. (Superior Court of the City and County of San Francisco, No.
ROBERT LEE MASSIE, Defendant and Appellant.
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