Attorney Support Services for San Diego County and the Temecula Valley.

Eviction Services

Iron Law Eviction Services for San Diego County and Riverside County.

People v. Smith

Filed 5/21/18 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S065233 v. ) ) FLOYD DANIEL SMITH, ) San Bernardino County ) Super. Ct. No. FWV08607 Defendant and Appellant. ) ____________________________________) A jury convicted defendant Floyd Daniel Smith of one count of first degree murder (Pen. Code, § 187), and found true an alleged special circumstance that he committed the murder while lying in wait (id., § 190.2, subd. (a)(15)). The jury also convicted defendant of two counts of attempted voluntary manslaughter (id., §§ 664, 192, subd. (a)), two counts of first degree burglary (id., § 459), and one count each of assault with a firearm (id., § 245, subd. (a)(2)), false imprisonment (id., § 236), and possession of a firearm by a convicted felon (id., former § 12021, subd. (a)(1)). As to all but the last charge, the jury found firearm use enhancement allegations to be true (id., § 12022.5). At the special circumstance phase, the jury found true a second special circumstance—that defendant had a prior murder conviction (id., § 190.2, subd. (a)(2)). At the penalty phase, the jury returned a verdict of death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).) We affirm the judgment in its entirety. 1 I. FACTS A. Guilt Phase Evidence Defendant was convicted of the murder of Joshua Rexford. The prosecution argued that defendant committed the murder in retaliation for the murder of defendant’s close friend, Manuel Farias. 1. Prosecution’s case On November 23, 1994, Linda Farias attended the funeral of her brother Manuel. After the funeral, she overheard defendant conversing with three other men. Although Linda could not remember who said what, defendant did most of the talking. In the conversation, the men said that “Brian” killed Farias, that “Josh” was Brian’s cousin, and that “they were going to get through him to find Brian.” Within a day or two of the funeral, defendant had a conversation with Troy Holloway. Defendant questioned Holloway about Joshua Rexford, who, like Holloway, played on the football team at A.B. Miller High School in Fontana. Defendant asked how Rexford was, what he was like, where he lived, and where he hung out, explaining that he wanted to talk to Rexford. On the morning of November 27, four days after the funeral, Michael Honess saw defendant and a Hispanic man sitting on a wall in the back of Honess’s apartment complex in Rancho Cucamonga. Later that morning, Honess again saw defendant, now alone, sitting on the stairs adjacent to Honess’s third floor apartment. Defendant asked if he could use the telephone in Honess’s apartment to call his mother. Honess allowed him to do so, but instead of calling his mother, defendant called a directory service and requested the number of the Church of God in Christ. He called the number he received from the directory service but did not appear to speak to anyone. He then left Honess’s apartment. Ten minutes later, defendant knocked on Honess’s door. …
Original document
Source: California Supreme Court