People v. Coleman

Opinion

BEST, P. J.

Defendant was charged with first degree murder (Pen. Code, § 187)

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with special circumstance allegations that the murder was committed while defendant was engaged in committing the crimes of robbery and kidnapping (§ 190.2, subd. (a)(17)). Defendant was also charged with robbery (§ 211), kidnapping to commit robbery (§ 209, subd. (b)), and burglary (§ 459).

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The jury found defendant guilty of second degree murder, first degree robbery, kidnapping for robbery, and first degree burglary. We affirm.

Statement of Facts

On the evening of December 16, 1987, defendant and three companions, Clifford Knight, David Knight, and Mike Tex, were at the Hard Times Tavern. When the bar closed at midnight, the group left together, taking a six-pack of beer with them.

At approximately 1 a.m. on December 17, Johnny Smith, who was staying at the South Fork Motel, was awakened by someone pounding on the door of the room next to his. Herman Cube, a Southern California Edison employee, was staying in that room. Mr. Smith heard the intruders beating and choking Mr. Cube and repeatedly asking him for his keys. Mr. Cube had a Chevy S-10 Blazer, which belonged to his employer, parked in front of his room. One of the intruders also threatened “to send [Mr. Cube] back to China to his ancestors.”

After about 15 minutes of a “continuous beating,” defendant and one of his companions went outside and defendant opened the driver’s door of the Blazer. Meanwhile, the beating of Mr. Cube continued in the motel room. A few minutes later, defendant and his companion went back to the motel room. Someone then said “ ‘Mike, lay off the guy, let’s go, we got the keys.’ ”

Defendant entered the driver’s side of the Blazer again. Two others immediately followed defendant, holding Mr. Cube, and shoved Mr. Cube into the back seat. Defendant then drove off up the hill. As soon as defendant left, Mr. Smith ran across the street to the Hard Times Tavern and called the sheriff.