People v. Atkins

Opinion

RACANELLI, P. J. Defendant was convicted by jury verdict of the crimes of first degree murder and second degree burglary.1 Following denial of postconviction motions, he was sentenced to state prison for the term prescribed by law for first degree murder (25 years to life) with the sentence on the burglary conviction stayed pending completion of sentence on the murder conviction. On appeal defendant claims prejudicial error as a result of the admission of incriminating evidence seized pursuant to an invalid search warrant and instructional error. By supplemental brief, defendant further argues that the felony-murder rule, within the context of Penal Code section 189, should be repudiáted on both policy and constitutional grounds. We consider defendant’s respective claims in a sequence convenient to our discussion.

Facts

Shortly after 6 p.m. on April 21, 1979, the victim, Sara Thomas, a 76-year-old diminutive English woman, was discovered lying unconscious on the floor of her room in the Somerton Hotel, a residential hotel accommodating long-term and transient guests. The severely beaten victim was found with a telephone cord wrapped around her arm and a crescent shaped wound was observed on her head which was consistent with the configuration of the telephone receiver. The victim died a few hours later as a result of massive head injuries.

The room itself was in total disarray: dresser drawers had been pulled out, things were “strewn around” and a suitcase containing—inter alia —assorted English coins had been pulled out from under the victim’s bed. The only window leading to the fire escape was wide open. Later investigation disclosed that a window adjacent to the fire escape on the floor below had been broken from the outside.

Details of relevant events immediately before and after the vicious attack were supplied through the testimony of several witnesses. About 6 [567]p.m. that evening, Yvonne Garcia, who resided down the hall from the victim’s room, heard Mrs. Thomas’ distinctive voice exclaim: “What are you doing in my room?” A few minutes later the desk clerk received a call from Mrs. Thomas—screaming for help. Mrs. Bishop, the housekeeper, rushed to the victim’s room. Receiving no answer to her knock, she returned to the elevator to obtain a pass key when she heard the sound of breaking glass. Four other tenants called the switchboard to report the sound of breaking glass. Defendant, who had resided at the hotel for about two weeks, occupied room 626, immediately across the hall from room 612, the victim’s room. Mrs. Bishop testified that when she first responded to the victim’s call, the door to room 626 was open, that when she returned with the pass key, the door was closed. Upon receipt of this information, one of the police officers (who had responded within minutes of the discovery) knocked on defendant’s door; defendant answered dressed only in undershorts. The investigating officers observed that defendant had a black eye and fresh cuts on his back, hands and thigh. The officers also observed glass particles on a pair of shoes found in defendant’s room. Defendant informed the officers that the wounds resulted from a fight he had earlier that day with an unknown male.2 While admitting the shoes belonged to him, he declared he had not worn them that day. A subsequent laboratory analysis of the glass particles embedded in the soles of the shoes matched the glass from the broken fifth floor window.3 Examination of defendant’s trousers revealed additional glass fragments and a white powdery substance similar to the oxidized white paint on the fire escape.