People v. Avent CA3
Opinion
Opinion
Earl, J.
BACKGROUND
Ronald Davis was found in a field, killed by a gunshot to the head. Johnny Taylor4 was the actual killer. Evidence was presented at the preliminary hearing that after Frank Hale’s car had been set on fire and destroyed, Hale, defendant, Taylor, and Steven Martin met at Hale’s apartment. Defendant and Taylor believed they knew who was responsible for burning Hale’s car and made plans with Martin to go to that person’s home. Later, they returned to Hale’s apartment with Davis. Davis’s head was covered. Defendant, Taylor, and Martin left Hale’s apartment with Davis. When they returned, Davis was not with them. Martin reported they had put Davis in the trunk of a car and driven him to a field where Taylor shot him in the head. Based on the evidence adduced at the preliminary hearing, defendant, Hale, and Martin were held to answer on charges of the murder (§ 187, subd. (a)) and kidnapping (§ 207) of Davis. As to the murder charge, it was further alleged that defendant and Martin were armed with a firearm (§ 12022, subd. (a)) and that the murder was committed during the commission of a kidnapping (§§ 207; 190.2, subd. (a)(17)).