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People v. Anderson

Filed 6/28/18 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S138474 v. ) ) ERIC ANDERSON, ) ) San Diego County Defendant and Appellant. ) Super. Ct. No. SCE230405 ____________________________________) A jury convicted defendant, Eric Anderson, of the first degree murder of Stephen Brucker under the special circumstances of murder in the commission or attempted commission of robbery and burglary. It also convicted him of conspiracy to commit robbery and burglary and two counts of residential burglary. It found defendant personally discharged a firearm during the commission of the murder and conspiracy. After defendant waived a jury, the court convicted him of being a felon in possession of a firearm. It also found true that he had suffered two prior serious felony convictions and a third strike conviction, and that he had served one prior prison term. After a penalty trial, the jury returned a verdict of death. The court denied the automatic motion to modify the verdict and imposed a judgment of death. It also imposed a prison sentence on the other counts and enhancement allegations. This appeal is automatic. We modify the judgment by striking a one-year enhancement the trial court imposed for the prior prison term and, as modified, affirm the judgment. 1 I. THE FACTS A. Guilt Phase 1. Overview Defendant and others conspired to commit burglary and robbery at the home of Stephen Brucker. On April 14, 2003, when the conspirators arrived at the home, Brucker confronted them at the door. Defendant shot Brucker in the chest, mortally wounding him, after which the conspirators fled. Previously, defendant had committed two other residential burglaries.1 2. Prosecution Evidence a. The Completed Burglaries On January 8, 2003, the home of Arlene Bell in La Mesa was burglarized. The home was ransacked, and many items were taken, including a carved jewelry box with a “Made in Poland” label and some silver coins. Police later found the jewelry box and silver coins in defendant’s residence in Poway. The items were found in the bedroom of defendant’s housemate, James Stevens, to which defendant had access. Inside the jewelry box were credit cards in defendant’s name. Later, a cell phone not belonging to the Bell family was discovered in their house. It had apparently fallen under a load of firewood. Defendant was the subscriber of the cell phone’s telephone number. On April 9, 2003, the home of John and Pamela Dolan in Alpine was burglarized. The home was ransacked, and various items were missing, including a .22-caliber handgun and a ring containing the inscription “Jenny.” Defendant 1 Originally, there were three codefendants: Brandon Handshoe, Apollo Huhn, and Randy Lee. None are involved in this appeal. Handshoe pleaded guilty to reduced charges and agreed to testify. Lee was tried with defendant and acquitted of all charges. Huhn was tried simultaneously but with a different jury. He was convicted of murder with special circumstances and conspiracy. His judgment was later reversed on appeal. 2 later gave the …
Original document
Source: California Supreme Court