P. v. Soper
In the first portion of a bifurcated trial, a jury found James Daniel Soper guilty of both the second degree murder of James Olson (Pen. Code, 187)[1](count 1) and the first degree murder of George Rigby ( 187) (count 2). The jury also found, with respect to each count, that Soper personally used a deadly weapon in the commission of the murders, within the meaning of sections 12022, subdivision (b)(1) and 1192.7, subdivision (c)(23). In the second portion of the trial, the jury found that Soper had served four prior prison terms and that he had suffered one prior strike conviction within the meaning of section 667, subdivision (b-i). The trial court sentenced Soper to a total term of 86 years to life in prison.
On appeal, Soper claims the trial court erred in: (1) denying his motion to sever trial of the two murder charges; (2) failing to instruct the jury regarding involuntary manslaughter; (3) admitting evidence of his pretrial assault on a witness and in instructing the jury pursuant to CALJIC No. 2.06 regarding that assault; (4) instructing the jury pursuant to CALJIC No. 2.52 regarding flight as reflecting consciousness of guilt; and (5) denying his postverdict application to disclose jurors' names, addresses and telephone numbers.
Court conclude that the trial court erred in denying Soper's motion to sever. Court further conclude that this error requires reversal of the judgment and retrial with respect to both murders. Accordingly, Court reverse the judgment in its entirety. In light of our reversal, Court need not consider Soper's claim regarding his postverdict application to disclose juror information since that issue is not likely to recur on remand. However, Court consider Soper's remaining claims because those issues are likely to recur on remand.
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