King

Introduction

Defendant Anthony Louis King appeals following his convictions for the murders and robberies of Steve Patton and Raymond and Dawn Rogers. The crimes occurred over Labor Day weekend in 1987. Kenneth Bivert fired the shot which killed Steve Patton in the early morning hours on Sunday; both Bivert and defendant shot the Rogerses the following Tuesday. Defendant did not deny being present when Patton was killed and then taking his money and truck or that he shot the Rogerses and then took their money and car. He contended that he acted out of fear of Bivert, who was portrayed by the defense as a disturbed, physically imposing young man who became increasingly violent and both homicidal and suicidal in the month before Labor Day.

We reject defendant’s claims of error and affirm. In the published portion of the opinion we hold that the trial court did not err by failing sua sponte to instruct the jury that an honest but unreasonable belief as to duress may negate the specific intent necessary for robbery and felony murder.

Factual and Procedural Background

On February 5, 1988, defendant was charged with three counts of violating Penal Code section 187 for the…