People v. Ditommaso CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND2

Defendant’s wife had an affair with the victim. On April 11, 1992, defendant

asked his stepsister to arrange a meeting with the victim. On the morning of April 13,

defendant told his stepsister to pick up his friend, Scott Harrison, from the train station.

Defendant told his stepsister that Harrison would be meeting with the victim instead of

him.

At the time of the arranged meeting, Harrison waited for the victim with

defendant’s stepsister; he told her he was going to scare the victim into leaving

defendant’s wife alone. Harrison told the stepsister to ask the victim for help with her

car. As the victim began to help her, Harrison jumped out of the trees with a gun in his

hand. He confronted the victim, put a piece of duct tape over his mouth, and placed him

in the back seat of the victim’s car. Harrison ordered the stepsister to drive the victim’s

car. While in the car, Harrison fatally shot the victim.

All further statutory references are to the Penal Code unless otherwise indicated.

2 We derive much of our factual recitation from the opinion from defendant’s appeal of the judgment. (People v. Ditommaso (E032315, June 8,…