Morrison

People v. Morrison

Good Law
2004 Cal. LEXIS 11760·21 Cal. Rptr. 3d 682·34 Cal. 4th 698·101 P.3d 568·2004 Cal. Daily Op. Serv. 10780
Supreme Court of CaliforniaDecember 9, 2004S023835California12,893 words

Opinion

Opinion

Baxter, J.

Defendant Jesse Morrison was convicted by a jury of one count of first degree murder (Pen. Code, § 187, subd. (a)), one count of second degree robbery (§ 211), one count of first degree burglary (§ 459), and two counts of attempted murder (§§ 664, 187, subd. (a)). The jury found true the special circumstances that defendant committed the murder while engaged in burglary and robbery (§ 190.2, subd. (a)(17)) and found true the allegation that defendant personally used a firearm in the commission of the murder (§§ 1203.06, subd. (a)(1), 12022.5). At the penalty phase of trial, the jury returned a verdict of death. Appeal to this court is automatic. (§ 1239, subd. (b).)

We find no prejudicial error at the guilt or penalty phase of defendant’s trial. We therefore affirm the judgment in its entirety.

I. Facts

A. The Guilt Phase

Lourdes Cardenas lived on Marine Avenue in Wilmington with her four-month-old daughter Natalie, her 22-year-old brother Cesar Cardenas, and her mother Maria Cardenas. In the early morning hours of May 11, 1989, defendant and three others invaded the Cardenas home and demanded money at gunpoint. After Lourdes handed over money and jewelry, the…

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