RICHARD LACY LETNER and
CHRISTOPHER ALLAN TOBIN
Filed 7/29/10
IN THE SUPREME COURT OF
THE PEOPLE, )
)
Plaintiff
and Respondent, )
) S015384
v. )
)
RICHARD LACY LETNER and )
CHRISTOPHER
ALLAN TOBIN, )
) Tulare
County
Defendants
and Appellants. ) Super.
Ct. No. 26592
__________________________________ )
Story continued from part V…..
c. Guilt
Phase Closing Argument (Letner, Tobin)
Defendants
contend the prosecutor committed several instances of misconduct during her
guilt phase argument to the jury.
Neither defendant objected to any of the alleged misconduct, nor would
such objections have been futile or ineffective. Accordingly, defendants have forfeited their
claims of misconduct. In any event, no
prejudicial misconduct occurred.
We
have rejected defendants' claims that the prosecutor's mention of the term
â€
| Description | Defendants Richard Lacy Letner and Christopher Allan Tobin were convicted of first degree murder (Pen. Code, § 187),[1] burglary (§ 459), robbery (§§ 211, 212.5), attempted rape (§§ 664, 261, subd. (2)), and theft of an automobile (Veh. Code, § 10851, subd. (a)), arising from the murder of Ivon Pontbriant in her home in Visalia, California on March 1, 1988. As to each defendant, the jury found true three special circumstance allegations -- that the murder was committed in the course of the burglary, attempted rape, and robbery (§ 190.2, subd. (a)(17)(A), (C), (G)) -- and returned a verdict of death. The trial court, having denied defendants' motions for new trial and the automatic applications to modify the verdicts (§ 190.4, subd. (e)), sentenced defendants to death and to consecutive prison terms of six years eight months for the noncapital offenses. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment as to each defendant in its entirety. |
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