People v. Whitehurst CA2/4

I. Factual Background

The underlying facts presented at trial are discussed in detail in this court’s prior nonpublished opinion, People v. Whitehurst (Nov. 16, 1994, B071419). We summarize them here to provide context for the trial court’s ruling. We otherwise do not rely on this factual background in resolving the issues presented in this appeal. ( See § 1172.6, subd. (d)(3).) The crimes at issue involved four victims and two separate incidents. The first incident involved the June 21, 1989 robbery and murder of Timothy Ellerson and the attempted murder of Dwayne Haley. On several occasions prior to that date, Haley and Ellerson had purchased drugs from appellant at Geraldine’s, a nightclub appellant managed. Codefendant Robert Crenshaw worked at the club as a security guard. On June 21, 1989, Haley and Ellerson arrived at Geraldine’s intending to purchase drugs

All further statutory references are to the Penal Code unless otherwise indicated.

2 from appellant. Appellant said they would have to go to the seller. At appellant’s suggestion, he and Ellerson left in appellant’s white Nissan 300 ZX; Ellerson took with him $15,500 in a gym bag. Haley remained at the…