People v. Brittain CA4/1

I.

BACKGROUND

A. The Underlying Murder Conviction The following quoted paragraphs are taken from our opinion affirming the judgment of conviction against Brittain on appeal. “1. The Abramovitz Murder “On July 13, 2004, Brittain and [Larry Ray] Phillips beat Stewart Abramovitz to death in the office of A&R Motors at 7364 El Cajon Boulevard. In the process of beating Abramovitz, Brittain and Phillips obtained the PIN number for Abramovitz’s ATM card. Brittain then used the ATM card to make repeated withdrawals from an ATM at the Sycuan Casino. “An ATM camera took pictures of Brittain making the withdrawals, and those pictures were later broadcast on a Crime Stoppers television segment and on San Diego County Crime Stoppers Web site, leading to Brittain’s identification by members of the public. DNA matching Brittain’s genetic profile and DNA consistent with Phillips’s genetic profile were found in a blood stain in Abramovitz’s office.

“[¶] . . . [¶][1] “3. Escape and Capture “In August 2004, after viewing the Crime Stoppers television segment, Brittain decided to leave town. Brittain stole a car from the parking lot of In Cahoots bar in Mission Valley, and fled to…