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 IV…..
c. Burglary
(Letner, Tobin)
Similar
to their other challenges to the sufficiency of the evidence, defendants point
to evidence that assertedly contradicts the finding
that they entered Pontbriant's home with the intent
to commit a felony and committed the murder while engaged in the commission of
the burglary. (See § 459 [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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