Robinson

Certified for Partial Publication. [*]

MUÑOZ (AURELIO), J. [**]

Derek Edward Robinson (defendant) was convicted by a jury of the murders of Michael Boyd (count 1) and Anthony Wells (count 2). (Pen.Code, § 187.) The jury found true the special circumstance allegations that defendant committed multiple murders (Pen.Code, § 190.2, subd. (a)(3)) and that the victim in count 2 was intentionally killed because he was a witness to a crime. (Pen.Code, § 190.2, subd. (a)(10).) The jury also found defendant guilty of attempted murder of Howard Littleton (count 3) and found the attempted murder was committed willfully, deliberately, and with premeditation. (Pen.Code, § 664, subd. (a).) On all counts, the jury found defendant personally used a firearm. (Pen.Code, § 12022.5, subd. (a)(1).)

In the penalty phase, the jury returned a verdict of death. At the sentencing hearing the penalty was modified, without objection by the People. [1] As to counts 1 and 2, the court sentenced the defendant to life without the possibility of parole plus an additional five years for the use of a gun in the commission of the offenses. As to count 3 defendant was sentenced to life with the possibility of…