People v. Cleveland

A jury convicted defendants Dellano Leroy Cleveland and Chauncey Jamal Veasley, as well as codefendant Rajeesh Prasad Charan, of robbing and murdering Anthony Nelson and Charles Hunter and of conspiring to commit murder. (Pen. Code, §§ 182, 187, 211.) 1 The jury found the murders to be in the first degree and under the special circumstances of multiple murder and robbery murder. (§ 190.2, subd. (a)(3), (17).) As to the murders and robberies, the jury also found that a principal was armed with a firearm. (§ 12022, subd. (a)(1).) The jury found that each defendant either was the actual killer, or intended to kill, or “with reckless indifference to human life and as a major participant,” aided and abetted another in the commission of the robberies. (§ 190.2, subds. (b), (c), (d).) Both Cleveland and Veasley admitted a prior conviction allegation. (§ 667, subd. (a).)

The court bifurcated Veasley’s penalty trial from that of Cleveland and Charan. At the conclusion of the penalty trials, the same jury returned a verdict of death as to all three defendants. The court denied Cleveland’s and Veasley’s automatic motions to modify the verdict (§ 190.4) and sentenced them to death.…

Obviously, I concur in the majority opinion I have prepared for the court. I am writing separately to comment on the absurdity of trial and appellate courts—as well as prosecutors and defense attorneys—expending energy and resources dealing with lesser sentencing issues when the defendant has also been sentenced to death or prison for life without the possibility of parole (LWOP), and to suggest a legislative solution.

In People v. Moore (1984) 162 Cal.App.3d 709 [ 208 Cal.Rptr. 771 ], the trial court sentenced the defendant to LWOP for two murders but also calculated a 60-year sentence for many other felony convictions. The defendant “complain[ed] of numerous sentencing errors in this 60-year sentence, and urge[d] remand for resentencing.” (Id. at p. 718.) The Court of Appeal, however, refused to consider those contentions. “[A]s we are affirming the judgment in its entirety, including the special circumstances findings, we need not address the sentencing errors alleged by appellant.” (Ibid.) Other courts *770 have not followed this approach, possibly because no statutory provision expressly permits it, and have decided sometimes complex sentencing issues while affirming a death…

Certiorari Denied January 10, 2005. See 125 S.Ct. 867

A jury convicted defendants Dellano Leroy Cleveland and Chauncey Jamal Veasley, as well as codefendant Rajeesh Prasad Charan, of robbing and murdering Anthony Nelson and Charles Hunter and of conspiring to commit murder. (Pen.Code, §§ 182, 187, 211.) [1] The jury found the murders to be in the first degree and under the special circumstances of multiple murder and robbery murder. (§ 190.2, subd. (a)(3), (17).) As to the murders and robberies, the jury also found that a principal was armed with a firearm. (§ 12022, subd. (a)(1).) The jury found that each defendant either was the actual killer, or intended to kill, or "with reckless indifference to human life and as a major participant," aided and abetted another in the commission of the robberies. (§ 190.2, subds.(b), (c), (d).) Both Cleveland and Veasley admitted a prior conviction allegation. (§ 667, subd. (a).)

The court bifurcated Veasley's penalty trial from that of Cleveland and Charan. At the conclusion of the penalty trials, the same jury returned a verdict of death as to all three defendants. The court denied Cleveland's and Veasley's automatic motions to…