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PEOPLE v. RICHARD LACY LETNER and CHRISTOPHER ALLAN TOBIN Part VII

PEOPLE v. RICHARD LACY LETNER and CHRISTOPHER ALLAN TOBIN Part VII
09:27:2010



Filed 7/29/10




PEOPLE v. RICHARD LACY LETNER and

CHRISTOPHER ALLAN TOBIN













Filed 7/29/10







IN THE SUPREME COURT OF >CALIFORNIA







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 VI…..



Finally, defendants attack the
propriety of giving the instruction at all.
Letner argues in a conclusory
fashion that the instruction was not 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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