Harden

People v. Harden

Good Law

110 Cal. App. 4th 848·2 Cal. Rptr. 3d 105·2003 Cal. App. LEXIS 1104·2003 Cal. Daily Op. Serv. 6418

Court of Appeal of CaliforniaJuly 21, 2003D040210California7,658 words

Opinion

McDONALD, J.

Yolanda Fay Harden appeals a judgment entered following her jury convictions of murder (Pen. Code, § 187, subd. (a)), first degree residential robbery (§§ 211, 212.5, subd. (a)), first degree residential burglary (§§ 459, 460), infliction of cruelty on an elderly person (§ 368, subd. (b)(1)), and escape without force from jail while felony charges were pending (§ 4532, subd. (b)). The jury also found true special circumstance allegations that the murder was committed in the commission of a robbery (§ 190.2, subd. (a)(17)(A)) and that the murder was committed in the commission of a burglary (§ 190.2, subd. (a)(17)(G)). On appeal, Harden contends the trial court erred by instructing with: (1) a modified form of CALJIC No. 2.15 on possession of stolen property; (2) modified forms of CALJIC No. 8.81.17 that omitted paragraph 2 of the standard instruction on felony-murder special circumstances; and (3) a modified form of CALJIC No. 8.80.1 on special circumstances.

FACTUAL AND PROCEDURAL BACKGROUND

On October 2, 2000, Alfred and Marion Polchow, an elderly married couple, lived in a duplex in a senior retirement community. Signs posted at the entrance to the retirement…

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