Conviction for first degree murder and other crimes and sentence to death is affirmed where: 1) a decision to excuse a prospective juror for cause was supported by substantial evidence; 2) the court did not err in its instruction to the jury on premeditated murder and felony murder; 3) the court did not err in admitting evidence of defendant’s prior violent juvenile misconduct; 3) the court did not err in the admission of testimony from the victims’ and testimony from victims of defendant’s uncharged bank robberies; 4) the defendant failed to prove prosecutorial misconduct; 5) a jury instruction on victim impact evidence was proper and the court had no sua sponte duty to give defendant’s requested instructions on the matter; and 6) the court did not err in its instruction on the governor’s commutation power and in two pattern instructions it gave regarding the penalty decision.
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Appellate InformationAppeal from Riverside County Super. Ct. No. CR 57524 Filed July 16, 2009
JudgesBefore BAXTER, J., GEORGE, C.J., WERDEGAR, J., CHIN, J., MORENO, J., CORRIGAN, J., KENNARD, J.Opinion by CORRIGAN, J.Concurring Opinion by MORENO, J.
CounselFor Plaintiff: Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Holly D. Wilkens and Gil P. Gonzalez, Deputy Attorneys General.
For Defendant: Michael J. Hersek, State Public Defender, under appointment by the Supreme Court, and Peter R. Silten, Deputy State Public Defender.
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