California Court of Appeal December 1, 1977, Crim. 16544 (People v. Payne)

Opinion

SIMS, Acting P. J.

As a result of a homicide committed January 27, 1975, the defendant was convicted of first degree murder with a finding of special circumstances which led to a sentence of death. On January 18, 1977, following the decision in

Rockwell

v.

Superior Court

(1976) 18 Cal.3d 420 [134 Cal.Rptr. 650, 556 P.2d 1101], the case was assigned to this court for disposition.