People v. Dillard CA6

I. FACTUAL AND PROCEDURAL BACKGROUND3

On August 8, 1990, the Monterey County District Attorney filed an amended information which charged Dillard with two counts of murder (§ 187, counts 1, 2), further alleged that Dillard personally used a firearm in committing the two murders (§ 12022.5), and alleged that the two murders qualified as a special circumstance under section 190.2, subdivision (a)(3). The jury convicted Dillard on both counts of murder in 1991, and further found that both murders were in the first degree. The jury also found true the special allegation that Dillard personally used a firearm in committing the murders and that the multiple– murder special circumstance applied to both murders. Dillard was sentenced to concurrent terms of life without the possibility of parole, plus consecutive two-year terms on the two firearm enhancements. As relevant to this appeal, this court in Dillard, supra, H008216 [nonpub. opn.], found several errors,4 but concluded those errors were harmless. (Ibid.) The court determined that “[t]here was a very strong case of circumstantial evidence” supporting

3 We consider the opinion from Dillard’s direct appeal only insofar as it…