P. v. Bell
Defendant conspired with her boyfriend, defendant Terry Bell, and with their mutual acquaintance, defendant Christopher Long, to kill DeMolas mother by beating her to death. After the commission of the crime, however, as Defendant was driving away, she got into an accident. She left the accident scene (evidently so she could drop off her coconspirators) but then came back and told the police that she had caused the accident because her house was being robbed. Police went to her house, where they found the victim on the floor, unconscious in a pool of blood, with a broken nose, a broken jaw, broken ribs, and a skull fracture that ultimately proved fatal. A jury found Defendant and Bell guilty of first degree murder. (Pen. Code, 187, subd. (a), 189.) It also found true both a lying in wait special circumstance and a torture murder special circumstance. (Pen. Code, 190.2, subd. (a)(15), (18).) However, it found an alleged financial-gain special circumstance not true. (Pen. Code, 190.2, subd. (a)(1).) A separate jury found Long guilty of first degree murder but rejected all three alleged special circumstances. DeMola and Bell were sentenced to life without parole. Long was sentenced to 25 years to life.
The appellate issues raised are many, but they can be grouped into several broad categories. A number of them involve the fact that at least according to Defendant this case was initially filed in juvenile court. Others involve the admission of hearsay statements by Bell and by Long, not only against them, but also against their codefendants. Several others involve asserted jury misconduct. In addition, there are assorted evidentiary, instructional, and sentencing issues. As the People concede, the trial court erred by imposing a parole revocation restitution fine (Pen. Code, 1202.45) on Defendant and Bell. Court modify the judgments against them accordingly. Otherwise, Court find no prejudicial error. Hence, Court affirm the judgments as modified.
Comments on P. v. Bell