People v. Carter CA1/2

BACKGROUND

I. Procedural Background Carter was charged, along with codefendant Robert John Staedel, with murder (§ 187, subd. (a)), kidnapping for robbery (§ 209, subd. (b)), kidnapping (§ 207, subd. (a)) and robbery (§§ 211–212.5, subd. (b)), as well as with allegations that the murder was committed while the two codefendants were engaged in the commission of a robbery, kidnapping, and kidnapping for robbery (§ 190.2, subd. (a)(17)), and that Carter and Staedel personally used a firearm (§ 12022.5, subd. (a)) and caused great bodily injury (§ 12022.7) in committing the murder. Carter and Staedel were tried separately. (People v. Carter (1993) 19 Cal.App.4th 1236, 1244 (Carter I).) A Contra Costa jury convicted Carter of robbery and simple kidnapping, but was unable to reach a verdict on the murder and kidnapping for robbery charges, and on the special circumstances allegations. On Carter’s motion for change of venue, the trial on the mistried counts was moved to Sacramento County. The second jury found Carter guilty of first degree murder with special circumstances and kidnapping for purposes of robbery, and found true the allegations that Carter personally used a firearm and…