People v. Anderson

KAUFMAN, J.,

Concurring and Dissenting.—I concur in the reversal of the judgment of death under compulsion of People v. Ramos (1984) 37 Cal.3d 136, 158-159 [207 Cal.Rptr. 800, 689 P.2d 430] and People v. Montiel (1985) 39 Cal.3d 910, 928 [218 Cal.Rptr. 572, 705 P.2d 1248].

I concur fully in the majority opinion insofar as it discusses and overrules Carlos v. Superior Court (1983) 35 Cal.3d 131 [197 Cal.Rptr. 79, 672 P.2d 862] and in all other respects except for its purported holding there was Aranda-Bruton error here. (Bruton v. United States (1968) 391 U.S. 123 [20 L.Ed.2d 476, 88 S.Ct. 1620]; People v. Aranda (1965) 63 Cal.2d 518 [47 Cal.Rptr. 353, 407 P.2d 265].) In my view the entire discussion as to whether there was in fact Aranda-Bruton error is both legally incorrect and unnecessary to the decision, since the majority concludes that any such error was in any event harmless beyond a reasonable doubt. I therefore dissent from the majority’s conclusion that Aranda-Bruton error actually occurred here.

Appellant’s petition for a rehearing was denied November 12, 1987.