People v. Berry CA2/2

BACKGROUND

In 1993, a jury convicted defendant and codefendant Anthony Fitzpatrick of two counts of first degree murder (§ 187), one count each of second degree robbery (§ 211), and kidnapping (§ 207, subd. (a)). As to each murder, the jury found true the kidnapping and robbery special circumstances alleged under section 190.2, former subdivision (a)(17)(i) and (ii), as well as the multiple-murder special circumstance alleged under section 190.2, subdivision (a)(3). Defendant was sentenced to two terms of life imprisonment without the possibility of parole for the murders, and terms imposed for the robbery and the kidnapping were stayed pursuant to section 654. The judgment was affirmed on appeal in People v. Fitzpatrick (Sept. 19, 1995, B079323) (nonpub. opn.), and the California Supreme Court denied review. We summarize the

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

2 evidence as set forth in the opinion in that appeal. In January 1992, defendant, Fitzpatrick and two others robbed two victims of marijuana and money at gunpoint at Fitzpatrick’s home. The victims were then forced into a car and driven to an avocado grove where…