People v. Von Villas

In 1988, Robert Anthony Von Villas and codefendant Richard Ford were convicted, following a joint trial before separate juries, of conspiracy to commit murder (Pen. Code, §§ 182, 187) and the first degree murder of Thomas Weed. (Pen. Code, § 187.) Each jury found the special circumstance allegation that the murder was committed for financial gain to be true. (Pen. Code, § 190.2, subd. (a)(1).) Von Villas was sentenced to life in prison without possibility of parole on the murder with special circumstances count, and 25 years to life on the conspiracy count. The sentence on the conspiracy count was stayed pursuant to Penal Code section 654.

Von Villas and Ford appealed from their judgments; this court affirmed the judgment as to Ford and vacated the judgment as to Von Villas, remanding the cause to the trial court for a full and fair hearing on Von Villas’s allegations of juror misconduct. Following said hearing, and on June 17, 1993, the trial court determined there was no juror misconduct and denied Von Villas’s motion for a new trial.

On July 26, 1993, Von Villas filed his notice of appeal from the “judgment/order of June 17, 1993” denying his motion for a new trial…