Hindmarsh

People v. Hindmarsh

Good Law
185 Cal. App. 3d 334·1986 Cal. App. LEXIS 2005·229 Cal. Rptr. 640
Court of Appeal of CaliforniaSeptember 9, 1986B014954California5,077 words

Opinion

Opinion

Arguelles, J.

Kevin Hindmarsh appeals from his conviction after jury trial of two counts of first degree murder (Pen. Code, § 187) and two counts of genital penetration by a foreign object (Pen. Code, § 289) with allegations as to use of a deadly and dangerous weapon found true.

Facts

Under the applicable standards of review, we discern the following facts based on the evidence most favorable to the judgment. (People v. Johnson (1980) 26 Cal.3d 557, 575-578 [ 162 Cal.Rptr. 431 , 606 P.2d 738 ].)

On May 10, 1984, one of the two victims, Neda O’Sullivan, then 11 years old, and her 16-year-old sister, Audrey, lived with their mother at a condominium in Miraleste. The mother left for work early that morning, and her daughters went to school. Before the girls left for school, however, Neda gave her sister a note that she had received the day before, later determined to have been written by appellant, that read: “Audrey, stay home tomorrow. I will be by at 9:00.” Audrey had met appellant at a bus stop near her home about a week before Easter vacation and had seen him there on four subsequent occasions, the last of which was on May 7. At that time, he told Audrey to stay home from school…

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