Wallace
People v. Wallace
Opinion
Lead Opinion
Kennard, J.
*1041 Opinion
A Fresno County jury convicted defendant Keone Wallace of the first degree murder (Pen. Code, § 187), 1 attempted rape (§§ 664, 261, subd. (a)(2)), and attempted robbery (§§ 664, 211, former § 212.5, subd. (b)) of Hazel Hamilton, and of residential burglary (§§459 & 460). It found true special circumstance allegations of murder in the commission or attempted commission of three felonies: robbery (§ 190.2, subd. (a)(17)(A), formerly subd. (a)(17)(i)), rape (§ 190.2, subd. (a)(17)(C), formerly subd. (a)(17)(iii)), and burglary (§ 190.2, subd. (a)(17)(G), formerly subd. (a)(17)(vii)). After a penalty trial, the jury returned a verdict of death. The trial court denied the automatic motion to modify the verdict (§ 190.4, subd. (e)) and sentenced defendant to death. 2 This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment in its entirety.
I. Facts
A. Guilt Phase
1. Prosecution’s case
In January 1991, Hazel C. Hamilton, an 83-year-old widow, lived alone in a house on East Madison Avenue in the City of Fresno. She had poor eyesight, wore thick-lensed glasses, and suffered from arthritis causing her to walk with a cane.