MOSK, J., Concurring and Dissenting.—I concur in the judgment as to guilt and death-eligibility. I agree with the majority that there was no reversible error bearing on those issues. I dissent, however, from the judgment as to penalty. It is clear that the trial judge, in acting on defendant’s application to modify pursuant to Penal Code section 190.4, subdivision (e), erred i…
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