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People v. Hardy

Filed 5/31/18 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S113421 v. ) ) WARREN JUSTIN HARDY, ) ) Los Angeles County Defendant and Appellant. ) Super. Ct. No. NA039436-02 ___________________________ ) A jury convicted defendant, Warren Justin Hardy, of the first degree murder of Penny Sigler with the special circumstances of murder committed during the commission of robbery, kidnapping for rape, rape, and sexual penetration by a foreign object, and the infliction of torture. (Pen. Code, §§ 187, 189, 190.2, subd. (a)(17), (18).)1 The jury also found that defendant was an aider and abettor and either had the intent to kill or was a major participant who acted with reckless indifference to human life, but it did not find that he was the actual killer. In addition, the jury convicted defendant of robbery, kidnapping for rape, rape, rape in concert, sexual penetration by a foreign object, sexual penetration by a foreign object in concert, and torture of Sigler. (§§ 206, 209, subd. (b)(1), 211, 261, subd. (a)(2), 264.1, 289, subd. (a)(1).) In connection with the rape and sexual penetration convictions, the jury found true that defendant kidnapped and tortured 1 All further statutory citations are to the Penal Code unless otherwise indicated. SEE DISSENTING OPINION Sigler. (§ 667.61, subds. (a), (d).) The jury found not true or did not reach a verdict on allegations that he personally used a deadly and dangerous weapon in connection with the charges. Defendant admitted a prior robbery conviction. After a penalty trial, the jury returned a verdict of death. The trial court denied the automatic motion to modify the verdict and imposed a judgment of death. This appeal is automatic. We affirm the judgment. I. THE FACTS The evidence showed that defendant and two other men, Jamelle Armstrong (defendant’s half-brother) and Kevin Pearson, killed Penny Sigler during a robbery and sexual assault. The crimes took place on the night of December 28–29, 1998, by a freeway embankment in Long Beach.2 A. Guilt Phase Sometime after 10:00 p.m., December 28, 1998, Sigler left her Long Beach home with six dollars’ worth of food stamps her roommate gave her to buy soda and candy. Sigler’s nude body was discovered the next day on an embankment of Interstate 405 near the intersection of Long Beach Boulevard and Wardlow Road, less than a mile from her home. Her body was near the bottom of the embankment, separated from the streets by a drainage ditch, and, above the ditch, a nylon mesh fence supported by wooden stakes. Near Sigler’s body was a shoe, a broken stake, and other debris, and blood was in the surrounding area. 2 The three men were tried separately and each received a sentence of death. Armstrong’s appeal is pending in this court. This court reversed Pearson’s first death sentence. (People v. Pearson (2012) 53 Cal.4th 306.) On remand, he again received the death penalty. His appeal from that judgment is also pending in this court. 2 …
Original document
Source: California Supreme Court