# People v. Bunyard

> California Supreme Court · July 11, 1988 · 45 Cal. 3d 1189

URL: https://www.frixlaw.com/law-library/cases/9543398

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent; v. JERRY THOMAS BUNYARD, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** July 11, 1988
- **Citations:** 45 Cal. 3d 1189; 249 Cal. Rptr. 71; 756 P.2d 795; 1988 Cal. LEXIS 154
- **Precedential status:** Published
- **Opinion:** Concurrence by Kaufman
- **Judges:** Arguelles, Kaufman
- **Cited by:** 187 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Disapproved on other grounds by People v. Diaz, 60 Cal. 4th 1176 (2015).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9543398

## Opinion text

KAUFMAN, J.
I concur fully in the affirmance of the convictions and special circumstance finding. I concur in reversal of the death penalty under *1246 compulsion of People v. Ramos (1984) 37 Cal.3d 136, 150-159 [ 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 ], Had the prosecutor not exploited the Briggs Instruction I would have held the giving of the instruction harmless beyond a reasonable doubt on the facts of this case.
Appellant’s petition for a rehearing was denied September 1, 1988, and the opinion was modified to read as printed above.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9543398. Public record. Not legal advice.