Dunkle

People v. Dunkle

Caution
2005 Cal. LEXIS 8587·2005 Daily Journal DAR 9396·32 Cal. Rptr. 3d 23·36 Cal. 4th 861·116 P.3d 494
Supreme Court of CaliforniaAugust 4, 2005S014200California32,984 words

Opinion

Opinion

Kennard, J.

A jury convicted defendant Jon Scott Dunkle of the first degree murders of 15-year-old John Davies and 12-year-old Lance Turner, finding true a multiple-murder special-circumstance allegation and weapon-use enhancement allegations. (Pen. Code, §§ 187, 190.2, subd. (a)(3), 12022, subd. (b).) After a penalty trial, the same jury returned a verdict of death. This appeal is automatic. (§ 1239, subd. (b).)

We affirm the judgment.

I. FACTS

A. Guilt Phase

1. Disappearance of John Davies

In November 1981, defendant, then 21 years old, was a close friend of the Davies family, who lived in Belmont. He often visited the Davies residence and spent time with 17-year-old Mark Davies and his 15-year-old brother John. On the morning of Sunday, November 8, 1981, James Davies called the police to report his son John missing. Davies and his wife, Joan, had returned home around 1:30 a.m. and had noticed nothing amiss. Joan had found John missing when she opened his bedroom door sometime after 8:30 a.m. John had laid out his church clothes and had left behind all his possessions, including his only pair of shoes. He usually informed his parents of his whereabouts and, according to them,…

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