California Court of Appeal

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People v. Odom, 140281

Sentence and conviction of first degree murder and torture, with torture and kidnapping special circumstances, are affirmed where: 1) although there was instructional error due to a conflict in the language of the standard CALCRIM instructions where, as here, a kidnapping with intent to kill special circumstance finding is sought under Penal Code section 190.2, subdivision (a)(17)(M), the error was harmless in this case, because the jury found true the special circumstance that the murder was intentional and involved torture under section 190.2, subdivision (a)(18); and 2) the verdicts are supported by substantial evidence.

Appellate Information

  • Decided
  • Published 2016/01/26

Judges

  • BANKE

Court

  • California Court of Appeal

Counsel