Opinion
S084292
07-15-2019
ROGERS (DAVID KEITH) ON H.C.
Opinion filed: habeas corpus granted, penalty reversed
The petition for writ of habeas corpus is granted insofar as it seeks relief from the judgment of death. The judgment of the Kern County Superior Court in People v. David Keith Rogers, 1988, No. 33477, is vacated to the extent that it imposes a sentence of death. The petition's remaining claims will be resolved by later order to be filed separately.
Upon finality of our opinion, the Clerk of the Supreme Court is to remit a certified copy of the opinion and the order to the Kern County Superior Court for filing, and respondent Attorney General is to serve a copy of the opinion on the prosecuting attorney. (See Pen. Code, § 1382, subd. (a)(2); see also In re Sixto (1989) 48 Cal.3d 1247, 1265-1266; In re Hall (1981) 30 Cal.3d 408, 435, fn. 9.)
Majority Opinion by Cantil-Sakauye, C. J.
— joined by Chin, Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.