Hayes

Statement of the Case

In an information filed by the District Attorney of Los Angeles County, appellants/defendants Michael Wayne Hayes, Randall Eugene Ellis and a third codefendant, Daniel Lee George were charged as follows:

In count I a violation of Penal Code section 187, murder. Count I further alleged that in the commission of the offense, a principal was armed with a firearm within the meaning of Penal Code section 12022, subdivision (a); that in the commission of the offense, Hayes personally used the firearm within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1); that the murder of the victim was intentional and carried out by Hayes for financial gain within the meaning of Penal Code section 190.2, subdivision (a)(1); and that the murder was committed while appellants and codefendant George were engaged in the commission of robbery in violation of Penal Code section 211, within the meaning of Penal Code section 190.2, subdivision (a)(17).

Count II charged appellants and codefendant George with the crime of robbery, in violation of Penal Code section 211. Count II further alleged that in the commission of the offense, a principal was…