Hill

Appellant was charged with one count each of murder and robbery, in violation of Penal Code sections 187, subdivision (a) and 211. Both counts were alleged to be serious felonies. Both counts had a special allegation that appellant was armed with a firearm within the meaning of section 12022, subdivision (a)(1). After a jury trial, appellant was found guilty of first degree murder and second degree robbery, as charged in the information, and the jury found the special allegations to be true. Appellant was sentenced to 25 years to life on count one, plus 1 year pursuant to section 12022. The court imposed but stayed sentence on count two.

Statement of Facts

In the prosecution’s case-in-chief, witnesses testified that the victim had just gotten off work at 2:30 p.m. from McDonnell Douglas Aircraft along with many coworkers. Upon arriving at his car in the employee parking lot, he was confronted by appellant and a juvenile accomplice named Daryl. A witness named Mr. Ausby testified that he saw a short man (Daryl) point a gun to the victim’s head and then he heard a shot. The witness was not aware of appellant’s presence at this point. After the first shot, the victim…