Bennett

People v. Bennett

Caution
2009 Cal. LEXIS 338·45 Cal. 4th 577·88 Cal. Rptr. 3d 131·199 P.3d 535
Supreme Court of CaliforniaJanuary 29, 2009S058472California23,123 words

Opinion

Opinion

Mioreno, J.

A jury convicted defendant Eric Wayne Bennett of the first degree murder (Pen. Code, § 187, subd. (a)) of Marie Powell Evans and found two special circumstances to be true—that the murder was committed while engaged in the commission of rape (§ 190.2, former subd. (a)(17)(iii)) and burglary (id., former subd. (a)(17)(vii)). The jury also convicted defendant of several crimes related to his assault of Pamela B., including forcible oral copulation (§ 288a, subd. (c)), rape (§ 261, subd. (a)(2)), first degree robbery within an inhabited dwelling (§§ 211, 212.5, subd. (a), 213, subd. (a)(1)), and first degree burglary of an inhabited dwelling (§§ 459, 460, subd. (a), 461, subd. 1). The jury found that defendant personally used a knife when he committed the crimes against Pamela B. (§ 12022, subd. (b).) The jury returned a death verdict. The trial court sentenced defendant to death on the murder count and imposed and stayed a determinate term of 15 years four months for the crimes against Pamela B. This appeal is automatic. (Cal. Const., art. VI, § 11, subd. (a); § 1239, subd. (b).) We affirm the judgment.

I. Factual Background

A. Guilt Phase

1. Prosecution’s Case

a.…

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