People v. Lewis CA1/2

BACKGROUND

I. The Original Case Lewis and codefendant Donovan Pierre were charged in 2008 with murder (Pen. Code,1 § 187, subd. (a)) and second degree robbery (§ 211) and

Further statutory references will be to the Penal Code except as

otherwise specified.

1 held to answer after a preliminary hearing. Evidence at the preliminary hearing showed that Lewis and Pierre planned to commit a robbery to get money to get Lewis’s sister out of jail. Lewis confronted the victim and threw him to the ground, and both Lewis and Pierre kicked and punched him. Lewis took money, a cell phone and marijuana from the victim. The victim died from blunt force injury to his head, the cumulative effect of multiple blows. An information filed on March 13, 2009, charged Lewis and Pierre with one count of murder (§ 187, subd. (a)), alleged to have been personally committed with intent to inflict great bodily injury (§ 1203.075), and one count of second degree robbery (§ 211). It was alleged that Lewis was over 14 years of age (Welf. & Inst. Code, § 602, subd. (b)) and that a special circumstance applied. (§ 190.2.) On September 15, 2009, Lewis pleaded no contest to first degree murder, with an agreed…