PEOPLE v. COWAN
Filed 8/5/10
IN THE SUPREME
COURT OF CALIFORNIA
THE PEOPLE, )
)
Plaintiff
and Respondent, )
) S055415
v. )
)
ROBERT WESLEY COWAN, )
) Kern
County
Defendant
and Appellant. ) Super.
Ct. No. 059675A
__________________________________ )
STORY CONTINUE
FROM PART I….
1. Factual Background
Defendant
first moved to dismiss the complaint in August 1994, arguing the 10-year delay
between the murders and his arrest prejudiced him because of his own faded
memory and that of critical defense witnesses.
In support, defendant's attorney, Michael Sprague, declared in pertinent
part, â€
| Description | A Kern County jury found defendant Robert Wesley Cowan guilty of the first degree murders of Clifford and Alma Merck (Pen. Code, §§ 187, subd. (a), 189)[1] and found true the special circumstance allegations of multiple murder (§ 190.2, subd. (a)(3)) and murder during the commission of robbery and burglary (§ 190.2, subd. (a)(17)(A), (G)).[2] As to both murders, the jury found that a principal had been armed with a firearm (§ 12022, subd. (a)(1)), and the court found that defendant had suffered a prior serious felony conviction (§ 667, subd. (a)). The jury was unable to reach a verdict on a murder count involving a third victim, Jewell Russell, resulting in a mistrial on that count. At the penalty phase of the trial, the jury returned verdicts of death for Alma's murder and life imprisonment without the possibility of parole for Clifford's murder. The trial court denied defendant's automatic application to modify the verdict (§ 190.4, subd. (e)) and imposed the death sentence with a one-year arming enhancement for Alma's murder, a consecutive sentence of life imprisonment without the possibility of parole plus a one-year arming enhancement for Clifford's murder, and a five-year enhancement for the prior serious felony conviction. This appeal is automatic. (§ 1239, subd. (b).) Court affirm the judgment. |
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