The California Supreme Court affirmed a judgment of conviction and sentence of death. The court held that the redaction of codefendants’ statements to eliminate direct reference to the accused was insufficient to protect the accused’s Sixth Amendment rights at a joint trial, but that the error was nonetheless harmless.

In the early morning hours of June 10, 1992, Shaun Burney, Allen Burnett and Scott Rembert decided to steal an automobile. The three men observed Joseph Kondrath getting into his car. At gunpoint, they forced Kondrath out of the car, robbed him of his wallet, and forced him into the trunk.