People v. Powell CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

The prosecution charged Powell by amended information with murder (Pen. Code, § 187, subd. (a))2 and attempted willful, deliberate, and premeditated murder (§§ 664, 187, subd. (a)). The amended information alleged three enhancements on each count, including that Powell personally used a deadly and dangerous weapon (an axe) in committing the offenses. (§ 12022, subd. (b)(1).) The case was tried to a jury. The prosecution presented the following evidence: Lucrecio and Israel were staying in a motel in King City. Powell was staying in the same motel. On the evening of the charged offenses, Powell parked his car in the motel parking lot and then was captured on video walking around the motel, looking in room windows, and approaching residents who had their doors open. As Powell was doing so, Lucrecio and Israel arrived at the motel and remained outside their room talking and looking at their phones, with Lucrecio standing and Israel eventually sitting on the pavement. Powell then got into his car and drove away before returning soon thereafter, ultimately backing into a parking space directly in front of where Lucrecio and Israel were located.…