Kainzrants

People v. Kainzrants

Good Law
1996 Cal. App. LEXIS 480·45 Cal. App. 4th 1068·53 Cal. Rptr. 2d 207·96 Daily Journal DAR 5997·96 Cal. Daily Op. Serv. 3703
Court of Appeal of CaliforniaMay 22, 1996B087782California4,792 words

Opinion

Opinion

Johnson, J.

This appeal is from a final judgment of conviction finding appellant guilty of first degree murder with robbery as a special circumstance, of attempted second degree robbery, and of assault with a firearm. Appellant argues his conviction of first degree murder and the robbery special circumstance ought to be reversed, because the trial court erroneously instructed the jury on the provocative act doctrine. He also argues evidence was insufficient to support the first degree murder conviction, and the felony-murder special circumstance was applied erroneously in this case. We affirm.

Facts and Proceedings Below

On June 4, 1992, Anthony Bell and his fiancée, La Keisha Reeves, were hosting a birthday party for Bell’s son. In attendance were several adults and children, including Moses and La Donna Wheelock and Terril Riley. At approximately 9:15 p.m., the children were inside the house watching television, while the adults were outside on the porch.

Three individuals came out of the alley adjacent to Bell’s house. Appellant, one of the three individuals, walked toward Bell, while the other two remained in the area of the alley. He asked Bell, “What’s up?”

Bell replied,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.