California Supreme Court February 2, 2012, S093754 (People v. Brents)

WERDEGAR, J., Concurring and Dissenting.

I agree with the majority that the jury’s true finding on the kidnapping special circumstance must be set aside and the judgment of death reversed. I disagree that the evidence supporting the special circumstance was sufficient to permit a retrial of the allegation that defendant committed the murder while engaged in the commission of a kidnapping.