GIBSON, C. J. Defendant was charged by information with the murder of Melvin Tokus. A jury found him guilty of murder of the first degree and made no recommendation as to punishment. (See Pen. Code, §190.) Defendant’s plea of not guilty by reason of insanity was withdrawn, his motion for a new trial was denied, and the death penalty was imposed. This appeal is automatic under section 1239(b) of the Penal Code. <p "b893-10"…
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