Noble

Defendant Noble was tried with Raymond Howard for the murder of Deputy Barthel. A jury acquitted Howard but found defendant guilty of first degree murder and to be true certain special circumstances (count I), felonious assault (count II) and attempted murder (count III), and to be true the personal firearm use allegations as to each count. He appeals from the judgment.

On April 19 between 7:30 and 8 p.m., Deputy Hollingsworth was injured and Deputy Barthel was shot to death while they were in the process of arresting Clarence Howard, brother of codefendant Howard, and investigating defendant’s conduct of throwing to the ground a bottle containing PCP. Each deputy wore the uniform of a deputy sheriff and rode in a sheriff’s black and white vehicle.

On patrol, the deputies had observed a group of half a dozen black men standing on a corner which they knew to be a location for criminal activity. The group watched the deputies; Clarence separated from the others and as he walked away he dropped to the grass a bottle containing PCP; Clarence was apprehended by Deputy Barthel and taken to the sheriff’s vehicle. Deputy Hollingsworth continued to watch the group and two men…