People v. Williams

Gregory Williams appeals his conviction by jury verdict of first degree murder with special circumstances of robbery (Pen. Code, §§ 187, 190.2, subd. (a)(17)(i)) and sale of cocaine base. (Health & Saf. Code, § 11352.) Appellant asserts instructional and sentencing error, and the erroneous denial of a new trial on the basis of newly discovered evidence.

Facts

The body of the victim, Dana Lee Morris, was discovered at the rear of an apartment building at 3837 Martin Luther King Way on the afternoon of September 24. Death was caused by multiple blows to the head. Investigators recovered a rock from under the victim’s head and a blood-covered metal pipe lying a few feet from the body.

Shanti Manuel and Felicia Humphrey, appellant’s girlfriend, went to the 3837 Martin Luther King Way apartment building in the early morning hours of September 24 to meet appellant and Ronald Talford. Humphrey saw the victim drive to the building in a gray car in which appellant was a passenger. The victim had been seen the night before carrying a large quantity of cash. Humphrey was standing with appellant next door to the building when Dalton Sykes approached them and said, “He’s got some…