People v. Kennedy

A jury convicted defendant Jerry Noble Kennedy of one count of murder (Pen. Code, § 187, subd. (a)) and one count of robbery (§ 211). The jury found true an allegation that defendant used a firearm in committing the crimes (§ 12022.5, subd. (a)) and a special circumstance allegation that the murder was committed during a robbery (§ 190.2, subd. (a)(17)). The jury returned a verdict of death. The trial court denied defendant’s motions for a new trial and for modification of the death verdict, and it sentenced defendant to death. This appeal is automatic. (Cal. Const., art. VI, § 11; § 1239.)

I. Facts and Proceedings

A. Guilt Phase

1. Prosecution’s case

Around 4:30 a.m. on March 15, 1993, Janet Madsen and her friend Jay Blaylock were in a car parked under a light at Maxwell’s Rest Stop off Interstate 5 in Colusa County. Madsen, who was asleep in the passenger seat, was awakened by the sound of a gunshot coming from the restrooms located 50 to 60 feet from the car. She saw a man come out from the men’s side of the restroom, walk briskly down a sidewalk directly towards her, get into a car two parking spaces away from her on her right, and leave. During this time, Madsen…