DeJesus

Appellants, defendants below, Jude C. DeJesus (DeJesus) and Ian S. Duncan (Duncan), appeal their convictions, after a jury trial, of one count of murder (Pen. Code, § 187 subd. (a)). With respect to the murder convictions of both appellants, the jury found true the special circumstances that the murder was intentional and carried out for financial gain (Pen. Code, § 190.2, subd. (a)(1)) and that the murder was committed while lying in wait. (Pen. Code, § 190.2, subd. (a)(15).) As to appellant Duncan, the jury also found true the special circumstance that the murder was committed during the commission of a felony, i.e., robbery. (Pen. Code, § 190.2, subd. (a)(17).) Also as to Duncan, the jury found true a principal armed allegation. (Pen. Code, § 12022, subd. (a)(1).) As to appellant DeJesus, the jury found true an allegation he personally used a firearm in the commission of the murder. (Pen. Code, § 12022.5, subd. (a).) Appellants were sentenced to life without the possibility of parole and were given no custody/conduct credits.

On appeal, both appellants contend the trial court denied them due process when it permitted the magistrate who heard the preliminary hearing to…