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People v. Case

Filed 5/31/18 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S057156 v. ) ) Sacramento County CHARLES EDWARD CASE, ) Super. Ct. No. 93F05175 ) Defendant and Appellant. ) ____________________________________) Defendant Charles Edward Case was sentenced to death for murdering two people during the commission of a robbery. This appeal is automatic. (Pen. Code, § 1239, subd. (b).) We conclude the restitution fine must be reduced by the amount defendant was ordered to pay in direct victim restitution, but we affirm the judgment in all other respects. I. STATEMENT OF THE CASE Defendant was charged by criminal complaint with robbery and with the first degree murders of Val Lorraine Manuel and Gary Duane Tudor (Pen. Code, §§ 187, subd. (a), 211) with the special circumstances of multiple murder (id., § 190.2, subd. (a)(3)) and murder during the commission of a robbery (id., § 190.2, subd. (a)(17)(A)). The complaint alleged that defendant personally used a firearm in committing the murders. (Id., § 12022.5, subd. (a).) Following a preliminary hearing, defendant was held to answer on all charges and allegations and an information was filed. The information later was amended to add an SEE CONCURRING AND DISSENTING OPINION allegation that defendant personally used a firearm in committing the robbery. (Ibid.) A jury convicted defendant of all charges and found all allegations true. After the penalty phase, defendant was sentenced to death on the murder counts and to a consecutive term of three years in prison on the robbery count as well as two five-year enhancements for personally using a firearm during the commission of the murders. The court stayed a four-year enhancement for personally using a firearm during the commission of the robbery. The court imposed a restitution fine of $10,000 and ordered direct victim restitution in the amount of $4,000. II. STATEMENT OF FACTS A. Guilt Phase 1. The Prosecution’s Case-in-Chief In June 1993, defendant was living with Jerri Baker, with whom he also worked at McKenry’s Drapery Service in Sacramento. On June 20, the day of the robbery and murders, defendant left their house at about 3:00 or 4:00 in the afternoon. He was wearing a shirt Baker had bought for him and drove Baker’s car, a Ford Probe. He said he was going to play pool. Defendant picked up Susan Burlingame, an acquaintance with whom he had formerly had a romantic relationship, around 4:00 p.m. He took her to a bar and card room called The Office, where they shot pool. Burlingame lived with her daughter and son-in-law, Stacey and Greg Billingsley, both of whom also worked at McKenry’s. Burlingame told defendant she had heard he had reunited with Jerri Baker and she did not want to come between them. Defendant and Burlingame left The Office. At her request, defendant dropped Burlingame off at a fast-food establishment near her daughter’s house. As he left, defendant remarked that he had “some things to do.” Burlingame arrived home about 7:45 or 8:00 p.m. 2 …
Original document
Source: California Supreme Court