Hunter
People v. Hunter
Opinion
lead Opinion
Aronson, J.
*167 A jury convicted Alan Keith Hunter and James Stephan Paschall of first degree murder ( Pen. Code, § 187, subd. (a) ; all further statutory references are to this code) under the provocative acts doctrine for the slaying of their accomplice in a botched robbery at a jewelry store. The jury also convicted defendants of attempted second degree robbery (§§ 664, subd. (a); 211; 212.5, subd. (c)) and, in a bifurcated proceeding, the trial court found each had suffered a prior serious or violent felony conviction (§§ 667, subds. (d), (e)(2)(A); 1170.12, subds. (b), (c)(2)(A)). The trial court sentenced Hunter and Paschall each to a term of 30-years-to-life in prison, consisting of 25 years to life for the murder count and a five year enhancement for their respective prior convictions. The court stayed sentencing on the attempted robbery count under section 654.
Defendants assert the trial court erred in upholding a codefendant attorney's claim of work-product privilege in declining to turn over a report of an interview the codefendant's attorney and the attorney's investigator had conducted with a jewelry store victim. The codefendant had pleaded guilty to reduced charges by the…