Hawthorne

People v. Hawthorne

Caution
2009 Cal. LEXIS 3981·46 Cal. 4th 67·92 Cal. Rptr. 3d 330·205 P.3d 245
Supreme Court of CaliforniaApril 23, 2009S064769California13,909 words

Opinion

Opinion

Chin, J.

A jury convicted defendant Carlos Anthony Hawthorne of the first degree murder of Vanessa Sells (Pen. Code, § 187), the attempted murder of Kristian F. (§§ 187, 664), the first degree robbery of both Sells and Kristian (§ 211), and first degree residential burglary (§ 459). It found true special circumstance allegations of robbery murder (§ 190.2, subd. (a)(17)(A)) and burglary murder (§ 190.2, subd. (a)(17)(G)). After a penalty trial, the jury returned a verdict of death, and the trial court imposed that sentence. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment.

I. FACTS

A. Guilt Phase

1. The Prosecution’s Case

a. The burglary, robbery, shootings, and defendant’s arrest

On August 25, 1996, 16-year-old Kristian and her mother, Vanessa Sells, lived in a house on Sunlight Plaza in Los Angeles. In the early evening hours, Kristian was in her bedroom and heard her mother scream from the vicinity of the front door. When Kristian entered the hallway to check on her mother, she saw a man with a revolver in his hand and a bandana covering the bottom of his face. The masked man ordered her to lie on the floor; she complied. Sells then entered the hallway…

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