Brown

People v. Brown

Bad Law
3 Cal. Rptr. 3d 145·31 Cal. 4th 518·73 P.3d 1137
Supreme Court of CaliforniaOctober 29, 2003S026700California26,632 words

Opinion

Opinion

Werdegar, J.

Andrew Lamont Brown was convicted in 1992 in Riverside County Superior Court of the robbery and first degree murder of Christina Ann Barraza Ramirez. (Pen. Code, §§ 187, 211; all further statutory references are to this code unless otherwise indicated.) The jury also sustained a special circumstance allegation that defendant committed the murder while engaged in the commission of a robbery (§ 190.2, former subd. (a)(17)(i), now redesignated subd. (a)(17)(A)) and two enhancement allegations that he personally used a firearm in the commission of his crimes (§ 12022.5, subd. (a)). On March 5, 1992, the jury set the penalty at death under the 1978 death penalty law. (§ 190.1 et seq.) This appeal is automatic. (§ 1239, subd. (b).)

After considering the claims raised on appeal, we affirm the judgment in its entirety.

I. FACTS

A. Guilt Phase

Levi Gardner bought a Mitsubishi Mighty Max pickup truck on November I, 1988. Defendant asked him if he would like to buy some deep-dish tire rims for his truck. Gardner replied that he would have to see them before committing to buying some. Defendant said he could obtain some. P. M. (a 15-year-old minor) overheard the conversation and…

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