People v. Crenshaw CA2/4

BACKGROUND

I. Convictions

In 1992, an amended information charged appellant and codefendant Richard Whitehurst with the robbery (§ 211) and murder (§ 187) of Timothy Ellerson, the robbery and murders of Tracy Bolton and Derrick Turner, and the attempted willful, deliberate, and premeditated murder of Dwayne Haley. The amended information further alleged multiple murder and robbery-murder special circumstances. (§ 190.2, subds. (a)(3), (a)(17).) At the ensuing joint trial, the court instructed the jury on two theories of liability for the murders: willful, deliberate, and premeditated murder, using the then-current version of CALJIC No. 8.20; and first degree felony murder, using the then-current versions of CALJIC No. 8.21 and 8.27. It also instructed the jury on conspiracy principles using then-current CALJIC Nos. 6.10.5 and 6.11, the latter of which included the natural and probable

Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). All further statutory references are to the Penal Code unless otherwise indicated.

2 consequences doctrine. The court used then-current CALJIC No. 8.80…