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People v. Wall (Randall)

Filed 11/13/17 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) S044693 v. ) ) RANDALL CLARK WALL, ) ) San Diego County Defendant and Appellant. ) Super. Ct. No. CR133745 ____________________________________) Defendant Randall Clark Wall pleaded guilty to the first degree murders of Katherine and John Oren. (Pen. Code, § 187; all undesignated statutory references are to this code.) Wall also pleaded guilty to four special circumstances: that he committed multiple murders, and that the murders were committed while lying in wait, in the commission of a robbery, and in the commission of a first degree burglary. (§ 190.2, subds. (a)(3), (a)(15), (a)(17)(A), (a)(17)(G).) In addition, he pleaded guilty to robbery (§§ 211; 212.5, subd. (a)), conspiracy to commit robbery (§ 182, subd. (a)(1)), burglary (§§ 459, 460), and conspiracy to commit burglary (§ 182, subd. (a)(1)). A jury found true dangerous and deadly weapon allegations with respect to the robbery, burglary, and one of the murders. (§ 12022, subd. (b).) At the penalty phase, the jury returned a verdict of death. This appeal is automatic. (Cal. Const., art. VI, § 11; § 1239, subd. (b).) We affirm the judgment. I. FACTS A. Evidence of Guilt Wall was tried jointly with his codefendant John Richard Rosenquist before dual juries. Before the guilt phase began, Wall pleaded guilty to first degree murder, burglary, robbery, and conspiracy to commit burglary and robbery, but denied use of a dangerous and deadly weapon. The prosecution presented the following evidence during the guilt phase of Wall and Rosenquist’s joint trial. The defense did not present guilt phase evidence. 1. Wall meets the Orens Wall met Katherine Oren, John Oren, and the Orens’ great-grandson J.D. in 1990. Wall was introduced to the family through the Orens’ granddaughter Tammy, whom he had met that spring. After staying at Wall’s parents’ home, Tammy and Wall spent at least two weeks in a tent in the Orens’ backyard in San Diego. During this time, Wall and Katherine argued frequently, and according to Tammy, Katherine accused Wall of stealing from her. Tammy described the situation as “a bad mixture,” and Katherine eventually insisted that Wall and Tammy leave the Orens’ property and had John drop them off at a nearby freeway entrance. 2. J.D. is sexually assaulted and the Orens are murdered On the night of March 1, 1992, Wall and Rosenquist entered the Oren residence. Ten-year-old J.D. heard noises coming from John’s bedroom after he had gone to bed. The parties stipulated that Rosenquist later entered J.D.’s room. Rosenquist took off his clothes, forcibly removed J.D.’s clothes, and covered J.D.’s face with a pillow. According to the stipulation, Rosenquist then inserted his finger into J.D.’s anus, used his own hands and J.D.’s legs to masturbate, and 2 ejaculated on J.D. Some time thereafter, Rosenquist and Wall left the house and J.D. went back to sleep. The following morning, J.D. found John lying motionless on the floor and was unable to open the …
Original document
Source: California Supreme Court