People v. Carr CA2/1

BACKGROUND

In June 1988, the People charged Carr and two codefendants of robbery and murder. Carr pleaded guilty to second degree murder. The trial court sentenced him to prison for an indeterminate term of 15 years to life. Following a jury trial, a jury convicted two of Carr’s confederates—Van Otis Wilson and Joevone Elster—of the murder of George Aguilar. (People v. Elster et al. (May 6, 1992, B047207), at pp. 2 [nonpub. opn.] (Elster).) In Wilson and Elster’s direct appeal from the judgment of conviction, this court described the facts as follows: “In January 1988, defendant Elster was hired as a cashier at a Shell gasoline station . . . .” (Elster, supra, B047207, at p. 2.) “At that time, defendant Elster learned the owner’s brother, Masih Madani [the robbery victim], collected the station’s receipts every morning and took them to the bank.” (Ibid.) “At some point before March 28, 1988, defendant Elster solicited the participation of Lamont Wade (Wade) in a robbery; he [Elster] also asked a neighbor to contact Leslie Holget (Holget).” (Ibid.)

Undesignated statutory citations are to the Penal Code.

2 On March 28, 1988, Wade, Elster, and Wilson parked across the street…