People v. Brooks

Summary

The court modified its prior decision to vacate the kidnapping-murder special-circumstance finding because the trial court failed to instruct the jury that the kidnapping could not be merely incidental to the murder, and the evidence supported that inference. The instructional error was prejudicial because the court could not conclude beyond a reasonable doubt that it did not affect the finding. The court affirmed the judgment in all other respects, including the death sentence.