Sapp

People v. Sapp

Bad Law
2 Cal. Rptr. 3d 554·31 Cal. 4th 240·73 P.3d 433
Supreme Court of CaliforniaOctober 15, 2003S023628California31,752 words

Opinion

Opinion

Kennard, J.

A jury convicted defendant John Sapp of the first degree murders of Robert Weber, Elizabeth Duarte, and John Abono. (Pen. Code, § 187; further undesignated statutory references are to the Penal Code.) For each murder, the jury found that defendant personally used a firearm. (§ 12022.5.) With respect to the murders of Weber and Duarte, the jury further found to be true special circumstance allegations of multiple murder and murder for financial gain. (§ 190.2, subd. (a)(1), (3).) In addition, the jury found defendant to be a convicted felon in possession of a concealable firearm (§ 12021), and it found true an allegation that defendant had served a prior prison term (§ 667.5, subd. (b)).

At the penalty phase, the jury returned verdicts of death for the Weber and Duarte murders, and the trial court pronounced death sentences for those crimes. For being a convicted felon in possession of a concealable firearm, the court sentenced defendant to two years plus a one-year sentence enhancement.

This appeal is automatic. (§ 1239.) We affirm the judgment in full.

I. GUILT PHASE

A. Prosecution’s Case

On April 25, 1986, in Grass Valley, Nevada County, California, defendant was…

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