Lomax

People v. Lomax

Bad Law
112 Cal. Rptr. 3d 96·2010 Cal. LEXIS 6017·49 Cal. 4th 530·234 P.3d 377
Supreme Court of CaliforniaJuly 1, 2010S057321California27,390 words

Opinion

Opinion

Corrigan, J.

A jury convicted defendant of two robberies, with a murder in the course of the second. It found he had used a firearm in all the offenses and found true a robbery-murder special circumstance. Because the jury set the penalty at death, this appeal is automatic. We affirm.

BACKGROUND

I. Guilt Phase

A. Robbery of James Edge

Around 1:30 a.m. on August 25, 1994, James Edge closed his laundromat in Long Beach and walked to his car. A couple drove into the parking lot, and the man asked if the laundromat was open. Edge said it would be at 6:00 a.m. As Edge got in his car, the man pushed a large black automatic handgun into Edge’s ribs. The man said, “Give me all your money. Give me everything you got.” Edge complied, handing over approximately $200 in cash and other items. As the couple drove off in a green Ford, Edge noted the license plate number, which he reported to the police.

Shortly after the incident, Edge selected defendant’s photograph from a photo lineup, saying he “looked like” the robber. He told the police he got a good look at the man and could recognize him if he saw him in person. Several months later, Edge identified defendant at a live lineup. At trial,…

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