Reese
People v. Reese
Opinion
Lead Opinion
Franson, J.
The Cases Below
In an amended information, appellants James Reese, Jr., and William Stephens were accused of the crimes of murder in violation of Penal Code section 187 (count I), mayhem in violation of Penal Code section 203 (count II) and arson with great bodily injury in violation of Penal Code section 451, subdivision (a) (count III). As a special circumstance, it was alleged that the murder was intentional and involved the infliction of torture in violation of Penal Code section 190.2, subdivision (a)(18).
Trials for the codefendants were severed. Each unsuccessfully moved to dismiss counts II and III and the special circumstance allegation. Thereafter, Reese was tried by a jury and Stephens by the court after a waiver of the *739 right to a jury trial. Each was found guilty on the three counts. Although the jury rejected the prosecution’s theory of a willful, deliberate and premeditated killing by Reese, it nevertheless found Reese guilty of first degree murder on three other theories; murder by torture, felony-murder mayhem and felony-murder arson. The jury also found the special circumstance to be true.