People v. Brandon CA2/5

I. INTRODUCTION

In a joint trial, separate juries found defendants Christopher Lamar Brandon and Acorri Patton guilty of first degree felony murder and first degree robbery and also found true, among others, robbery and burglary special circumstance allegations. On appeal, they contend that there was insufficient evidence to support the felony murder and special circumstance findings and that they received ineffective assistance of counsel. They also raise various other challenges, individually and jointly, including to certain aspects of their sentences. We vacate the murder conviction and special circumstance findings as to Patton and remand to the trial court with directions to conduct a resentencing hearing as to Patton and to modify the sentence as to Brandon. We otherwise affirm.

II. FACTUAL BACKGROUND

A. The Victim

In August 2017, 64-year old Vincent Roper (the victim) lived alone in a two-story home on Patty Court in Palmdale. He kept his home “very clean” and “very neat and orderly.”

2 Marquisha Kirklin, a friend of the victim’s daughter, saw the victim a few times a week and spoke to him almost daily. According to Kirklin, the victim liked to cook and she…