People v. Epps6/27/1986
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT
No. F004776
1986.CA.40623 ; 182 Cal. App. 3d 1102; 227 Cal. Rptr. 625
June 27, 1986
THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ANTHONY EPPS, DEFENDANT AND APPELLANT
Superior Court of Tulare County, No. 22191, Edward Kim, Judge.
Frank O. Bell, Jr., State Public Defender, under appointment by the Court of Appeal, Antonia D. Radillo and Cynthia A. Thomas, Deputy State Public Defenders, for Defendant and Appellant.
John K. Van de Kamp, Attorney General, Eddie T. Keller and Gelacio L. Bayani, Deputy Attorneys General, for Plaintiff and Respondent.
Opinion by Hoover, J., with Franson, Acting P. J., and Martin, J., concurring.
Hoover
Statement of the Case
On January 31, 1984, an information was filed in the Tulare County Superior Court charging appellant with one count of murder, including special allegations. On April 30, 1984, a first amended information was filed charging appellant with commission of one count of murder (violation of Pen. Code, § 187, a felony), one count of residential robbery (violation of Pen. Code, § 213.5, a felony), and one count of burglary (violation of Pen. Code, § 459, a felony). The first amended information specially alleged that count 1 was committed while appellant was engaged in the commission of the crimes of robbery and burglary within the meaning of Penal Code section 190.2, subdivision (a)(17). The amended information alleged, with respect to each count, appellant's prior conviction of residential burglary within the meaning of Penal Code section 667, subdivision (a). Appellant pled not guilty to all counts and denied the special allegations. On May 25, 1984, appellant waived his right to trial by jury on all three counts and the allegations of special circumstances.
A court trial was held and ultimately the court rendered a decision finding defendant guilty on all three counts and finding the allegations of special circumstances to be true with respect to each count and found true the allegation of appellant's prior serious felony conviction.
Appellant was sentenced to state prison for the term of life without possibility of parole. Appellant was also sentenced to the aggravated term of six years on count 2, including a consecutive enhancement for the prior felony conviction (Pen. Code, § 667, subd. (a)) and the aggravated term of six years on count 3, including a five-year enhancement for the prior serious felony conviction. The sentences on counts 2 and 3 were imposed concurrently and stayed pending completion of the sentence imposed on count 1. Appellant was further sentenced to the term of eight months for the prior serious felony conviction and the sentence was ordered to run consecutive to the sentence imposed on count 1.
Appellant appeals both the decision and sentence.
The Facts
On November 17, 1983, in Porterville, Tulare County, California, Signe Feldman (Feldman), age 77, was killed in her home. Feldman's home was
completely ransacked and various items of property with little actual value were taken. Sheriff's units were dispatched to the
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