Error and/or relief
Two of the three identical special circumstances of multiple murder on the three counts of murder must be vacated.
First Holding:
When a defendant kills multiple people, the prosecution should allege only one multiple-murder special circumstance. Here, the prosecution alleged three multiple-murder special circumstances, one as to each count of murder, and the jury accordingly returned three true findings on that allegation. The Supreme Court has consistently found that an error of this nature is harmless, however, and the remedy is to simply strike the superfluous findings. We do so here.
Authority:
People v. Jones (1991) 53 Cal.3d 1115, 1148-1149
Second Holding:
When a defendant has been convicted of more than one count of murder in the same proceeding, he may be sentenced to a consecutive term of LWOP as to each count.
Authority:
PEN 190.2(a)(3)
People v. Garnica (1994) 29 Cal.App.4th 1558, 1562–1564