People v. Crecy CA1/5

BACKGROUND

Appellant’s Record of Conviction In 1999, appellant was convicted, following a jury trial, of two counts of first degree murder (§ 187), and one count each of robbery (§ 212.5, subd. (a)), attempted robbery (§§ 212.5, subd. (a), 664), and burglary (§ 460, subd. (a)). The jury found true felony-murder special-circumstance allegations that the

All undesignated section references are to the Penal Code.

1 murders were committed while appellant was engaged in a robbery or burglary. (§ 190.2, subd. (a)(17)(A) & (G).) The jury also found true that appellant was armed with a firearm while committing each offense (§ 12022, subd. (a)(1)), but found not true an allegation that appellant personally used a firearm in the commission of the crimes (§ 12022.5, subd. (a)). The underlying summary of the facts is taken from the Court of Appeal opinion affirming the judgment. (People v. Crecy (Feb. 4, 2002, A091674) [nonpub. opn.].) In September 1997, Diane McClanahan deposited an inheritance of approximately $50,000 in her bank account. Two days later, her boyfriend, Winferd Flewellen, drove appellant to Flewellen’s Daly City apartment, where McClanahan was visiting. Appellant was…