People v. Bell

Defendant Allie James Bell was charged with the attempted second degree robbery and murder of Levar Craft and the attempted murder of Angela Dossman. A jury convicted Bell of the crimes against Craft, but acquitted him of the attempted murder of Dossman. The jury also found that the murder was committed during the course of the attempted robbery, and that Bell had personally used a gun to kill Craft. The trial court committed prejudicial error by giving CALJIC No. 2.28 regarding the late disclosure of statements given by alibi witnesses. Accordingly, we reverse. 1

FACTUAL AND PROCEDURAL BACKGROUND

Levar Craft was shot on February 6, 1999, about 9:30 p.m., in Solano County. Angela Dossman told the police that a man shot Craft while trying to rob him. Dossman said she knew the assailant as “Jimmy,” describing him as “dark-skinned, very skinny and tall.” Although she did not know the assailant’s last name, he was a friend of her brother-in-law and he had been at her home a few weeks earlier. Dossman viewed three photographic lineups, none *252 of which contained Bell’s photograph. When Dossman was shown a fourth photo array she immediately identified him. Dossman was “very…