Coleman

People v. Coleman

Good Law
1992 Cal. App. LEXIS 487·5 Cal. App. 4th 646·7 Cal. Rptr. 2d 40·92 Daily Journal DAR 5045·92 Cal. Daily Op. Serv. 3218
Court of Appeal of CaliforniaApril 14, 1992F014377California1,472 words

Opinion

Opinion

Best, J.

Defendant was charged with first degree murder (Pen. Code, § 187) with special circumstance allegations that the murder was committed while defendant was engaged in committing the crimes of robbery and kidnapping (§ 190.2, subd. (a)(17)). Defendant was also charged with robbery (§ 211), kidnapping to commit robbery (§ 209, subd. (b)), and burglary (§ 459).

The jury found defendant guilty of second degree murder, first degree robbery, kidnapping for robbery, and first degree burglary. We affirm.

Statement of Facts

On the evening of December 16, 1987, defendant and three companions, Clifford Knight, David Knight, and Mike Tex, were at the Hard Times Tavern. When the bar closed at midnight, the group left together, taking a six-pack of beer with them.

At approximately 1 a.m. on December 17, Johnny Smith, who was staying at the South Fork Motel, was awakened by someone pounding on the door of the room next to his. Herman Cube, a Southern California Edison employee, was staying in that room. Mr. Smith heard the intruders beating and choking Mr. Cube and repeatedly asking him for his keys. Mr. Cube had a Chevy S-10 Blazer, which belonged to his employer, parked in front of…

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