People v. Trotter CA2/3

BACKGROUND

Trotter admitted the murder and robbery of Charlene Belmer Hartsough while burglarizing her home, and he admitted personal use of a dangerous and deadly weapon. Trotter entered Hartsough’s home on the morning of April 23, 1986 by breaking a living room window to obtain money for drugs. While Trotter was in the middle of the burglary, Hartsough returned home. Trotter killed Hartsough by strangling her with a telephone cord and bludgeoning her head with a candlestick. Trotter turned himself in to the police before the crime was discovered. (People v. Trotter (Oct. 29, 2003, B160437) [nonpub. opn.] at p. 2 (Trotter I).) Trotter initially pleaded guilty to first degree murder (§ 187, subd. (a); count 1), residential burglary (§ 459; count 2), and robbery (§ 211; count 3). Trotter admitted the truth of

All further statutory references are to the Penal Code.

2 special circumstance allegations he committed the murder during a burglary and robbery (§ 190.2, subd. (a)(17)) and he personally used a deadly and dangerous weapon (§ 12022, subd. (b)). Trotter’s subsequent petition for writ of habeas corpus was granted, and the district court ordered a trial on the special-…