Bolter

Duke Kimberly Bolter and a codefendant, Daniel Leroy Hikes, were convicted in a joint trial of the first degree murder and robbery of Patricia Clayton. (Pen. Code, §§ 187, 211.) A special circumstance allegation that the murder occurred while Bolter was in the commission of a robbery was found to be true. (Pen. Code, § 190.2, subd. (a)(17)(i).) In a separate nonjury trial, the lower court determined Bolter had suffered a prior serious felony conviction. (Pen. Code, §§ 667, 1192.7, subd. (c).) The court sentenced Bolter to 25 years to life for murder, plus 5 consecutive years for the prior conviction.

In an earlier unpublished opinion this court affirmed the judgment against Hikes. (People v. Hikes, Feb. 28, 1989, G007349.) Bolter seeks reversal of the judgment against him on the grounds of lack of jury unanimity in entering the verdict, jury misconduct, insufficiency of the evidence, denial of his motion for severance, instructional error, and prosecutorial misconduct. Alternatively, Bolter argues the punishment imposed is disproportionate to his culpability and his codefendant’s sentence, and requests the conviction be reduced to second degree murder. We affirm the…