The People, Plaintiff and Respondent v. Gary Galen Brents, Defen — Werdegar, J., Concurring in Part and Dissenting…

Summary

Justice Werdegar agrees that the kidnapping special-circumstance finding must be set aside and the death judgment reversed, but disagrees that the evidence was sufficient to allow retrial of the allegation. She concludes the evidence showed only that defendant transported the victim in furtherance of killing her, and that an independent kidnapping purpose could be supplied only through speculation. Justice Liu, concurring, agrees that the evidence was minimally sufficient under deferential review but notes that instructional error leaves uncertain whether the jury actually found an independent kidnapping purpose.