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People v. Daveggio & Michaud

Filed 4/26/18 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S110294 v. ) ) JAMES ANTHONY DAVEGGIO and ) MICHELLE LYN MICHAUD, ) ) Alameda County Defendants and Appellants. ) Super. Ct. No. 134147 ____________________________________) Defendants James Anthony Daveggio and Michelle Lyn Michaud were each convicted of one count of first degree murder (Pen. Code, § 187, subd. (a)), two counts of oral copulation in concert by force (id., § 288a, subd. (d)), and one count of oral copulation on a person under 18 years of age (id., § 288a, subd. (b)(1)). Daveggio pleaded guilty to the oral copulation counts before trial; the remainder of the convictions stemmed from the jury’s verdict. The jury also found true two special circumstances—kidnapping and rape by instrument (id., § 190.2, subd. (a)(17)(B), (K))—and returned verdicts of death at the close of the penalty phase. The trial court denied the automatic motions to modify the verdicts (id., § 190.4, subd. (e)) and sentenced defendants to death. This appeal is automatic. (Id., § 1239, subd. (b).) We affirm the judgment. I. BACKGROUND This case arises from the kidnapping, rape by instrument, and murder of Vanessa Lei Samson; the forcible oral copulation of Sharona Doe; and the oral 1 copulation of minor April Doe. At trial, the prosecutor also adduced evidence of four uncharged sexual offenses. A. Guilt Phase 1. Prosecution case-in-chief a. Defendants meet, move in together, and are evicted Defendants met in 1996. Within a few months of their meeting, Daveggio moved into the tri-level Sacramento home in which Michaud was residing. They lived there together until August 1997, when Michaud was evicted. Following the eviction, defendants began living out of Michaud’s green Dodge minivan. The minivan had a sliding passenger-side door with a childproof lock, as well as removable back and middle seats. At some point, defendants removed the middle seats. b. Christina Doe incident (uncharged) Janet and Ted Williams, who were acquainted with defendants, permitted defendants to stay in their home for a few nights in September 1997. On September 11, after that stay had concluded, Janet and Ted left town for a few days. They later discovered that the screen behind their bathroom window was bent in a manner that appeared consistent with a break-in and that their shower had been used. On or after September 14, Michaud confessed to Janet that she had broken in through the bathroom window and stayed in the house with Daveggio.1 The first uncharged sexual offense occurred during this time period. 1 The trial court admitted several pieces of evidence against only one of the defendants; this evidence was admitted only against Michaud. Because none of our analysis depends on using evidence limited to one defendant against the other, we do not separately identify each instance in which evidence was admitted as to only one defendant. 2 The offense involved a close friend of Michaud’s daughter, Rachel Doe. In mid-September 1997, Rachel was 12 years old, around three …
Original document
Source: California Supreme Court