People v. Powell CA2/2

I. Facts

A. The underlying crime One early evening in August 1991, defendant, his brother, and two other men (Peter and Earl Holloway) pushed their way into an apartment occupied by William Morris with whom the brother had an ongoing feud. Defendant was armed with a .25 semiautomatic caliber handgun, while Peter Holloway was armed with a TEC-9 automatic weapon. The four men severely beat Morris by kicking and pistol-whipping him, and defendant struck Morris’s girlfriend with his gun when she tried to leave; he also took some jewelry from her purse. Peter Holloway stated the victims would have to be killed. Defendant, his brother, and Peter Holloway drove Morris to an oil field near Long Beach. Earl Holloway took the girlfriend away in a separate car. Morris’s dead body was discovered the following day; he had been shot 17 times in the face, chest, head, back, and forearm. Casings from .25 millimeter and .9 millimeter automatic weapons were found by the body.

We largely draw these facts from our prior opinion affirming defendant’s conviction. (People v. Holloway (Dec. 12, 1996, B083011) [nonpub. opn.].)

2 B. Conviction and appeal In the operative complaint, the…