People v. Jacobs CA2/4

BACKGROUND

A. Information, Trial Evidence, Verdict, and Appeal On August 17, 1996, police found the decomposing body of Wayne Rainey (Rainey) in the bedroom of his apartment. Rainey’s hands and feet were bound, and his eyes and mouth were covered with duct tape. A knife was found under his body, and an electrical cord was around his neck. The coroner determined the cause of death was probable strangulation and multiple stab wounds. The operative amended information alleged that appellant murdered Rainey, used a knife in the commission of the murder,

Effective June 30, 2022, former Penal Code section 1170.95 was renumbered 1172.6 without substantive change. (Stats. 2022, ch. 58, § 10.) We refer to the current statutory numbering throughout this opinion. All further statutory references are to the Penal Code, unless otherwise indicated.

2 and the murder was committed while appellant was an accomplice in the commission of a robbery (§ 190.2, subd. (a)(17)). At trial, the prosecution relied primarily on the testimony of Algerina Stewart (Stewart) and Akeisha Bowman (Bowman), codefendants who had pled guilty to voluntary manslaughter.2 They testified to the following…