Harris

A jury found defendant Maurice Lydell Harris guilty of the attempted murder of Bernard Canto (Pen. Code, §§ 187, 664) 1 and the murders of Alicia Allen and her fetus (§ 187), finding that he committed the murders under the special circumstances of felony-murder robbery, felony-murder burglary (§ 190.2, subd. (a)(17)(A), (G)), and multiple murder (§ 190.2, subd. (a)(2)). The jury also found defendant guilty of robbery and burglary (§§ 211, 459), and found that he personally used a firearm in the commission of the attempted murder (§ 12022.5), that he was personally armed during the commission of the murders, the robbery, and the burglary (§ 12022, subd. (a)(1)), and that he inflicted great bodily injury in the commission of the attempted murder (§ 12022.7, subd. (a)). After a penalty trial, the jury returned a verdict of death for the murder of Allen, and life without the possibility of parole for the murder of Allen’s fetus. The court denied the automatic motion to modify the verdict of death (§ 190.4) and imposed that sentence. This appeal is automatic. (§ 1239, subd. (b).)

We affirm the judgment.

I. FACTS

A. Guilt Phase

1. Prosecution Evidence

At 10:25 p.m. on…

With respect to the guilt phase of defendant’s capital trial, I join the majority in upholding the convictions for the attempted murder of Bernard Canto (Pen. Code, §§ 187, 664), 1 the murders of Alicia Allen (Canto’s fiancée) and her 17-week-old fetus (§ 187), and other crimes not pertinent here, as well as the jury’s findings that defendant committed the murders under the special circumstances of felony-murder robbery, felony-murder burglary (§ 190.2, subd. (a)(17)(A), (G)), and multiple murder (§ 190.2, subd. (a)(2)). I write separately to clarify the problem with the trial judge’s questioning of defendant in front of the jury during defendant’s testimony on his own behalf at the guilt phase. The majority says that it does “not endorse all of the trial court’s questioning,” and acknowledges that “some of it [was] inappropriate,” but it provides no guidance as to which questions were improper or why. (Maj. opn, ante, p. 350) As I will explain, certain of the court’s questions may well have conveyed to the jury the judge’s opinion that defendant’s testimony was not credible. In doing so, the judge became an advocate for the prosecution, abandoning the neutrality required of a…

A jury found defendant Maurice Lydell Harris guilty of the attempted murder of Bernard Canto (Pen.Code, §§ 187, 664) [1] and the murders of Alicia Allen and her fetus (§ 187), finding that he committed the murders under the special circumstances of felony-murder robbery, felony-murder burglary (§ 190.2, subd. (a)(17)(A), (G)), and multiple murder (§ 190.2, subd. (a)(2)). The jury also found defendant guilty of robbery and burglary (§§ 211, 459), and found that he personally used a firearm in the commission of the attempted murder (§ 12022.5), that he was personally armed during the commission of the murders, the robbery, and the burglary (§ 12022, subd. (a)(1)), and that he inflicted great bodily injury in the commission of the attempted murder (§ 12022.7, subd. (a)). After a penalty trial, the jury returned a verdict of death for the murder of Allen, and life without the possibility of parole for the murder of Allen's fetus. The court denied the automatic motion to modify the verdict of death (§ 190.4) and imposed that sentence. This appeal is automatic. (§ 1239, subd. (b).)

We affirm the judgment.

At 10:25 p.m. on August 9, 1994, a Gardena police officer on patrol…