Watkins

Appellant, Eric Mark Watkins, was charged by information with count I, murder, violation of Penal Code section 187, count II, robbery in violation of section 211, and, count III, attempted murder, in violation of sections 664 and 187. It was further alleged that in the commission of counts I and II appellant personally used a deadly and dangerous weap on, within the meaning of section 12022, subdivision (b), and in the commission of count III, appellant inflicted great bodily injury within the meaning of section 12022.7. As to count I, a special circumstance, section 190.2, subdivision (a)(17)(i) was alleged, that the murder was committed while appellant was engaged in the commission, or attempted commission, of a robbery.

The district attorney did not seek the death penalty.

Before trial, the prosecution filed a motion in limine asking the court to order that the prior testimony of an unavailable witness, Samuel Jones, as contained in the preliminary hearing transcript be read into the record and considered as evidence in the trial of appellant. The court granted the motion finding that the prosecution had shown due diligence in attempting to locate Mr. Jones.

In the…