People v. Lamar CA3

BACKGROUND

A detailed recitation of the underlying facts is set forth in our prior opinion in this case. (People v. Scott (Feb. 16, 1994, C010153 & C010317) [nonpub. opn.] (Scott).) To summarize, in 1986 the two victims purchased some used furniture from defendant and codefendant Lawrence Scott, Jr. Scott and defendant helped move the furniture to the victims’ apartment, and the victims invited the two to stay for a drink. The victims loaned defendant and Scott $30 and allowed them to spend the night, since they had sold the victims their bed. While the victims were in bed, Scott stabbed them and robbed them of $60 and some jewelry. Meanwhile, defendant was in the kitchen eating a sandwich. During trial, Scott testified that the actual killer was the boyfriend of defendant’s 17-year-old daughter. Defendant and Scott were each convicted on two counts of murder (§ 187, subd. (a)), robbery (§ 211), and burglary (§ 459). In addition, the jury found true the following special circumstances: (1) murder during a robbery (§ 190.2, subd. (a)(17)(i)), (2) murder during a burglary (§ 190.2, subd. (a)(17)(vii)), and (3) multiple murders (§ 190.2, subd. (a)(3)). The jury also found true that…