Oden

Appellant, Wilbert Joseph Oden, was ultimately charged by amended information with one count of murder (Pen. Code, § 187, subd. (a)), one count of assault with intent to rape (§ 220), and one count of attempted burglary (§§ 459, 460.1, and 664). With regard to the murder, special circumstance allegations were alleged that the murder occurred during the commission of either a rape or burglary (§ 190.2, subd. (a)(17)(iii) and (vii)). Various allegations which could lead to enhancements of the sentence were also alleged to each count.

The jury returned verdicts of guilty of second degree felony murder and misdemeanor assault, while acquitting appellant of the burglary charge. Appellant was also found to have used a knife while committing the murder and assault, and to have caused great bodily injury during the assault.

Appellant was sentenced to a total term of imprisonment of 16 years to life. The court also imposed a $10,000 restitution fine. A timely notice of appeal was filed.

Facts

Early in the morning of February 26, 1985, Joseph Garcia was awakened by a car horn honking. After Joseph failed to see anything at the window and returned to bed, he heard thumping…