Debose

People v. Debose

Caution
172 Cal. Rptr. 3d 606·2014 Cal. LEXIS 3764·59 Cal. 4th 177·2014 WL 2531987·326 P.3d 213
Supreme Court of CaliforniaJune 5, 2014S080837California15,337 words

Opinion

Opinion

Kennard, J.

A jury convicted defendant Donald Ray Debose, Jr., of the first degree murder and second degree robbery of, and arson causing great bodily injury to, Dannie Kim (Pen. Code, §§ 187, subd. (a), 189, 211, 212.5, 451, subd. (a)), and it found true special circumstance allegations that Kim’s murder took place during the commission of arson and robbery (§ 190.2, subd. (a)(17)). The jury convicted defendant of the attempted premeditated murder and second degree robbery of Vassililci Dassopoulos. (§§ 187, subd. (a), 211, 664, subd. (a).) It also found true sentencing enhancement allegations that defendant personally used a firearm in committing the murder, attempted murder, and robberies (§ 1203.06, subd. (a)(1); former § 12022.5, subd. (a)(1)), and personally inflicted great bodily injury during the attempted murder and robberies (former § 12022.7, subd. (a)). As to victim Kim, the jury was unable to reach a verdict on two counts of anal and genital penetration by a foreign object, or on alleged special circumstances that her murder occurred during the commission of rape by instrument and involved the infliction of torture. A mistrial was declared on these counts and special…

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