Samayoa

People v. Samayoa

Bad Law
15 Cal. 4th 795·1997 Cal. LEXIS 2966·64 Cal. Rptr. 2d 400·97 Daily Journal DAR 7699·938 P.2d 2
Supreme Court of CaliforniaJune 19, 1997No. S006284California24,215 words

Opinion

lead Opinion

George, J.

Following the guilt phase of a jury trial, defendant Richard Gonzales Samayoa was convicted of two counts of first degree murder (Pen. Code, §§ 187, 189) 1 and one count of residential burglary (§ 459). A jury found true the allegations that defendant used a deadly weapon (a wrench) during the commission of the crimes (§ 12022, subd. (b)), had served three prior prison terms (§ 667.5, subd. (b)), and previously had been convicted of two serious felonies (§ 667, subd. (a)). The jury also found true one multiple-murder special-circumstance allegation—i.e., that in the present proceeding defendant was convicted of more than one offense of murder (§ 190.2, subd. (a)(3)), and two felony-murder special circumstances —i.e., that each murder was committed in the course of a burglary (§ 190.2, former subd. (a)(17)(vii)). Following the penalty phase of the trial, the jury returned a verdict imposing a sentence of death.

We conclude that the judgment must be affirmed in its entirety.

*811 I. Facts

A. The Guilt Phase Evidence

1. The prosecution case

(a) Evidence of the commission of the crimes

In December 1985 Nelia Silva resided with her husband, Ronaldo, and their…

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