Temple
People v. Temple
Opinion
Opinion
Woods, J.
Convicted by jury of first degree murder (Pen. Code, § 187) and second degree robbery (§211) with great bodily injury (§ 12022.7) appellant contends the trial court erred by giving an incorrect causation instruction (CALJIC No. 3.40 (1992 Rev.)) and by refusing to give a defense requested correct one.
We conclude the contention is mistaken and affirm the judgment.
Factual Background
It was undisputed that Alejandro Jiminez was robbed and beaten on Sunday, December 23, 1990, at approximately 8:45 p.m. near the High Hat Motel in South Los Angeles and three days later died. It was also undisputed the perpetrators included three young Black men and that Edward Temple (appellant) was one of those three men.
In dispute was who administered the final and perhaps lethal kick to the victim’s head, appellant or one of the other men.
We summarize the accounts of the three eyewitnesses.
Rosa Hernandez was walking with her fiancé, Alejandro Jimenez, to the High Hat Motel when she noticed a tall, heavy Black man (man No. 1) behind them. When she and her fiancé reached the motel driveway, man No. 1 put a headlock on her fiancé, repeatedly punched him in the temple, dragged him to…