People v. Combs

Opinion

STONE, P. J.

Jeanne Combs appeals from the judgment entered following her plea of guilty to soliciting another to commit murder (Pen. Code, § 653f, subd. (b)). She contends: “I. The trial court abused its discretion in its choice of aggravating factors for the determination of appellant’s sentence.

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II. The trial court abused its discretion in failing to consider certain mitigating circumstances in sentencing the appellant.”

Information contained in the report of the probation officer reveals that appellant had been released on bail awaiting trial in Ventura County on charges she sexually molested 14-year-old Benjamin L., the son of her common-law husband, Richard L.

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Richard L. had already been convicted of similar charges and was serving a sentence at the California Men’s Colony in San Luis Obispo. While imprisoned, Richard L., with the assistance of fellow inmate Bobby Wilson, devised a scheme whereby another inmate, Norman Purnell, who was scheduled for parole, was to place Benjamin under surveillance for three days, then kidnap him from his home and take him to a deserted area near Lancaster where Benjamin would be forced to write letters retracting his accusations against appellant and Richard. The letters were also to include statements of Benjamin’s intention to run away since Richard had learned through interviews with prison psychiatrists that it would be normal for the boy to run away if he were lying to avoid the mental pressure of his deception. After forcing Benjamin to write the letters, Purnell was to kill Benjamin, “pour battery acid on the dead body and then burn the body.” Richard believed this chain of events would lead to his release and the dismissal of the case against appellant. Appellant’s part in the plot was to receive the letters written by Benjamin and then mail a $2,000 payment to Purnell.

At sentencing the court stated that it had considered the report of the probation officer and arguments of counsel and found as factors in aggravation that the victim was particularly vulnerable, that the offense was committed while appellant was on bail and that the planning, sophistication and professionalism with which the crime was carried out indicated premeditation. The court stated its finding of vulnerability was based on “the fact that the victim in this case had also been a victim of a child molest [szc] in which the co-Defendant had been convicted and which the present Defendant is charged.” In mitigation the court found that appellant had acknowledged wrongdoing at an early stage and had no significant prior criminal record. The court found the aggravating factors outweighed the mitigating factors and imposed the upper term of six years.