People v. Brown CA2/5

FACTS AND PROCEDURAL HISTORY

A. Trial, Sentencing, and Appeal

In 1982, Brown and codefendant Scott Pinholster broke into the home of a friend of Pinholster’s and ransacked it, searching for money and drugs.2 As Brown and Pinholster were leaving the house, victims Thomas Johnson and Robert Beckett arrived. Brown stabbed Johnson to death while Pinholster stabbed Beckett to death. Afterwards, Brown and Pinholster shared the $23 and quarter ounce of marijuana they had stolen. At trial in 1984, Brown was prosecuted for the murders under multiple theories of liability, including direct liability as a perpetrator or aider and abettor of murder with or without premeditation, felony murder, and the natural and probable

1 All further statutory references are to the Penal Code.

2 The facts are taken from the prior appellate opinion and are included for context only. (People v. Brown (Feb. 25, 1986, B006213) [nonpub. opn.].)

2 consequences doctrine. With respect to the murder counts, the prosecution alleged multiple murder and felony murder (robbery and burglary) special circumstances. Brown was also charged with two counts of robbery and one count of burglary with associated…