Allen

In a joint jury trial, the defendants were found guilty of the first degree murder of Gregory Ainsworth (count I), the attempted murder of Gregory’s wife, Cheryl (count II), and the attempted murder of the Ainsworth’s cousin, Taggra Barron (count III). (Pen. Code, §§ 187, 664.) The jury further found that both defendants personally used firearms in counts I and n, that both inflicted great bodily injury on Cheryl, and that defendant Allen used a firearm in count HI. (Pen. Code, §§ 12022.5, 12022.7.)

The evidence established, and the defendants conceded, that two persons who were known to Gregory Ainsworth entered the Ainsworth home on November 2,. 1981, for the sole purpose of killing Gregory and eliminating any witnesses to that killing. That the perpetrators’ intent was execution-style murder was undisputed. The only dispute was who those perpetrators were. No motive was shown on the part of either defendant, and defendant Brewer presented evidence of an alibi. Nor did any physical evidence connect either defendant with the crimes. However, both Cheryl and Taggra identified the defendants as the perpetrators, describing their degree of certainty in such terms as “no…