People v. Lee CA3

BACKGROUND

For the reasons established in our discussion, we need not provide considerable detail of the factual background of defendant’s crime. In 1979, defendant, Marty Spears (aka Marty Jackson), Ron Anderson, and Daniel Geisler planned and executed the robbery and assault of Leonard L. Defendant was familiar with the residence where the crimes took place, and prior to their commission defendant explained to Geisler and Jackson how to best carry out the crime, including by directing them to bring firearms. Also, in 1979, defendant and Jackson went to the home of a man and woman and gained entry by asking for gasoline. They then engaged in a burglary, robbery, and double homicide. Defendant claimed that Jackson had “gone crazy” and hit the man with a baseball bat and stabbed both the man and the woman, and that they had only gone to the home for the robbery. Defendant claimed that when Jackson began attacking the woman, defendant ran from the home. The jury instructions included conspiracy liability for “first degree” murder, based on a conspiracy to commit robbery or burglary and an act in furtherance of that conspiracy for which first degree murder is “an ordinary and…