People v. Souza

Filed 5/31/12

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S076999 v. ) ) MATTHEW A. SOUZA, ) ) Alameda County Defendant and Appellant. ) Super. Ct. No. 122159B ____________________________________)

A jury convicted defendant Matthew A. Souza of the first degree murders of Regina Watchman, Dewayne Arnold, and Leslie K. Trudell (Pen. Code, § 187), and the attempted premeditated murders of Rodney James and Beulah John (Pen. Code, §§ 187, 664).1 An allegation of multiple-murder special circumstance (§ 190.2, subd. (a)(3)) was found true, and defendant was found to have personally used a deadly weapon (an automatic rifle) in the commission of the murder. (§ 12022.5.) Following the penalty phase of the trial, the jury returned a verdict of death against defendant. The trial court denied the automatic motion to modify the penalty (§ 190.4, subd. (e)), and imposed a sentence of death, with additional consecutive terms of 25 years to life in prison on each of the three murder convictions plus 10 years for the firearm use, and concurrent life terms on both attempted murder convictions, all of which were ordered stayed pending

1 All further statutory references are to the Penal Code unless otherwise indicated.

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imposition of the judgment of death. Defendant‘s appeal is automatic. (§ 1239, subd. (b).) We strike and modify the restitution orders; as so modified, we affirm the judgment. I. FACTS

A. Introduction In retaliation for an earlier incident in which their mother had been forcibly removed from a house party, defendant Matthew Souza, his brother Michael, and a third, unidentified man2 armed themselves with guns and drove to the apartment of murder victim Regina Watchman. At the party they opened fire on the partygoers; five people were shot, and three of the victims died. The prosecution sought the death penalty against both brothers but only defendant‘s case proceeded to the penalty phase because the jury did not find the special circumstance true as to codefendant Michael Souza.3

B. Guilt Phase

1. The prosecution’s evidence In December 1993, defendant, who was 18 years of age, and Michael, who was 19 years of age, were staying with their mother Rebecca Souza, in a room in Rebecca‘s cousin‘s apartment in Oakland, where Rebecca was living. Defendant

2 The third man was never apprehended, remains unidentified, and played no role in these proceedings. 3 The jury found Michael Souza guilty of the counts charged against him, found that the murders were of the first degree, and found true the allegation that he was armed with a firearm in the commission of the murders. It did not return a true finding on the special circumstance allegation. Michael Souza was sentenced to a single term of 25 years to life in prison, plus four years for use of a firearm, with the terms on the remaining convictions to run concurrently. To avoid confusion, we hereafter refer to Michael Souza as ―Michael.‖