P. v. CLIFTON
Filed 4/24/06
IN THE SUPREME COURT OF CALIFORNIA
)
v. )
Defendant and Appellant. ) Super. Ct. No. 95CM5500
__________________________________ )
In May 1996, a jury found defendant Clifton Perry and codefendant Leon Noble guilty of the murder (Pen. Code, § 187)[1] and second degree robbery (§§ 211, 212.5, subd.(c)) of Saeed Nasser. The jury also found that defendant, but not Noble, personally used a firearm during the commission of the crimes. It further found, as a special circumstance, that the murder occurred during the commission of a robbery (§ 190.2, subd. (a)(17)). After a penalty trial, the jury returned a verdict of death for defendant, and life imprisonment without the possibility of parole for Noble.[2]
The trial court denied defendant's motion for modification of the verdict, and it sentenced defendant to death for the murder of Saeed Nasser. On the robbery conviction, the trial court sentenced defendant to the upper term of five years' imprisonment, with a consecutive five-year term for the personal use of a firearm.
Defendant's appeal to this court is automatic. (§ 1239, subd. (b).) We affirm the judgment and penalty.
I. FACTS AND PROCEEDINGS
A. Guilt Phase Evidence
1. Events preceding the crime
About noon on July 9, 1995, defendant and Paul LeBlanc arrived at the home of Elisa Padilla. They joined Padilla, Shaundra Stephens, and Henry Pridgett in drinking alcohol and smoking marijuana. Later that afternoon codefendant Noble paged defendant, after which defendant and LeBlanc picked up Noble at his stepmother's house. When they returned to Padilla's house, Noble asked defendant if he wanted to get some money; defendant said he was â€
