Petznick

Introduction

The victim, Gaylord Chilcote was found dead in his Watsonville home on Tuesday morning, November 17, 1998. He had been bound, gagged, bludgeoned, and stabbed. The house had been ransacked. A large amount of cash, travelers’ checks, jewelry and watches was missing.

Defendant, Sean Patrick Petznick and three others—Kimberly LaBore, James Dotson, and Gabriel Banes—were arrested for the crimes. The grand jury issued an indictment that charged defendant with four counts: conspiracy (Pen. Code, §§ 182, subd. (a)(1), count 1), murder (§ 187, count 2), burglary (§ 459, count 3), and robbery in concert (§§ 211, 213, subd. (a)(1)(A), count 4). Count 1 alleged the target crimes of murder, burglary, and robbery. (§§ 187, subd. (a), 459, 211.) Count 2 contained three special circumstances allegations: murder in the commission of robbery (§ 190.2, subd. (a)(17)(A)), murder in the commission of burglary (§ 190.2, subd. (a)(17)(G)), and murder committed by torture (§ 190.2, subd. (a)(18)). The coconspirators were subject to separate criminal proceedings.

The jury found defendant guilty of all counts. The jury also found that defendant had conspired to commit all three…