People v. Smith

A jury convicted defendant Gregory Calvin Smith of murdering (Pen. Code, § 187), raping (§ 261), and kidnapping (§ 207, subd. (a)) Ai Toyoshima, an exchange student from Japan. It found the murder to be in the first degree and under the special circumstances of rape murder and kidnap murder, and that defendant kidnapped the victim for the purpose of rape. (§§ 190.2, subd. (a)(17), 667.8, subd. (a).) The jury also convicted defendant of other crimes committed the same day against other victims, specifically, attempted robbery (§§211, 664), first degree burglary (§§459, 460), and two counts of felony false imprisonment (§§ 236, 237). As to all counts, it found that defendant personally used a firearm. (§ 12022.5, subd. (a).) The jury found defendant not guilty of sodomy and found not true the related special circumstance allegation of sodomy murder. (§§ 190.2, subd. (a)(17), 286, subd. (c).)

After a penalty trial, the jury returned a verdict of death. The court denied the automatic motion to modify the verdict (§ 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

On…