People v. Robinson

Opinion

HOLLENHORST, Acting P. J. Defendant Darren Leon Robinson was convicted of two counts of first degree murder (Pen. Code, § 187, subd. (a)) and one count of second degree robbery (Pen. Code, § 211). The jury also found the following special circumstance allegations true: that defendant had committed multiple murders (Pen. Code, § 190.2, subd. (a)(3)); that defendant killed the victims while lying in wait (Pen. Code, § 190.2, subd. (a)(15)); and that the murders were committed while defendant was an accomplice in the commission of a robbery (Pen. Code, § 190.2, subd. (a)(17)). The jury also found, as enhancements for each of the murder counts, that a principal was armed in the commission of a robbery (Pen. Code, § 12022, subd. (a)).

Defendant was sentenced to consecutive terms of life without possibility of parole on each of the first degree murder counts, with the one-year weapon enhancement on each count. Sentence was stayed on the robbery conviction and its enhancement.

Defendant appeals, alleging instructional and sentencing errors.

Facts

Defendant testified that he had spent a year working for the victim, Don Wood, on property owned by Mr. Wood near Adelanto. He left in February 1988. On May 24, 1988, he and another man, Ed Smith, drove to the property from Escondido to retrieve some of defendant’s possessions. Defendant admitted that they discussed robbing Mr. Wood, but denied that they planned to kill him. Mr. Smith was armed with an M-l rifle.

Defendant also testified that, after arriving at the property, they retrieved defendant’s possessions and then went to a hill overlooking Mr. Wood’s motor home. From that position they could see two persons at the motor home. They waited over two hours for the second man, Mr. Doughty, to leave. When he did not leave, they decided to rob both men. They went down the hill and Mr. Smith entered the mobilehome. Mr. Smith shot Mr. Doughty, killing him. Mr. Smith then confronted Mr. Wood. He told Mr. Wood to lie down in the dirt and turn over his wallet. Mr. Wood did so and Mr. Smith shot him in the back of the head, killing him instantly. Later that [1589]evening, they returned to the mobilehome to search for a shell casing. Defendant took Mr. Doughty’s wallet at that time.

Although defendant repeatedly denied that he intended to kill anyone, the prosecution introduced testimony by a police officer that defendant stated, after his arrest, that his plan was to “go rob Mr. Wood and possibly kill him.” The prosecution also introduced similar testimony by another officer and a tape recording of a conversation between defendant and an informant made before defendant’s arrest. In that conversation, defendant also made some very damaging admissions concerning the killings.1