P.

Filed 3/6/13 P. v. Lavender CA4/1 Opinion following remand from Supreme Court

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D057655

D057686

Plaintiff and Respondent,

v. (Super. Ct. Nos. JCF21566, FLOYD LAVENDER et al., JCF21567)

Defendants and Appellants.

APPEAL from a judgment of the Superior Court of Imperial County, Donal B.

Donnelly, Judge. Reversed.

A jury convicted defendants Floyd Lavender and Michael Gaines of the

kidnapping (Pen. Code,1 § 207, subd. (a)) and first degree murder (§ 187, subd. (a)) of

Courtney Bowser, and the torture (§ 206) of Bowser and two other victims (Kristen

All further statutory references are to the Penal Code unless otherwise…