Prince

People v. Prince

Caution
2007 Cal. LEXIS 4272·2007 Daily Journal DAR 6007·40 Cal. 4th 1179·57 Cal. Rptr. 3d 543·156 P.3d 1015
Supreme Court of CaliforniaApril 30, 2007S036105California38,652 words

Opinion

Opinion

George, J.

Defendant Cleophus Prince, Jr., appeals from a judgment of the San Diego County Superior Court imposing a sentence of death following his conviction of six counts of first degree murder (Pen. Code, § 187, subd. (a)), five counts of burglary (§ 459), and one count of rape. (§ 261.) The jury found true one rape-murder special-circumstance allegation and one multiple-murder special-circumstance allegation. (§ 190.2, subd. (a)(3) & (17)(C).) The jury also found true the allegations that defendant used a knife in committing each of the murders. (§ 12022, subd. (b).) Defendant also was convicted of six attempted burglaries (§§ 459, 664) and nine completed burglaries of homes belonging to persons other than the murder victims (§ 459), and perjury. (§ 119.) The jury fixed the punishment at death. The court imposed a judgment of death and also sentenced defendant for the noncapital convictions. Defendant’s appeal is automatic. (§ 1239, subd. (b).)

We affirm the judgment in its entirety.

I. FACTS

A. Guilt Phase Evidence

1. The prosecution’s case

We first provide an overview of the evidence. Defendant and his girlfriend Charla Lewis moved into an apartment in the Buena Vista…

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