At The Lectern by Horvitz & Levy

Supreme Court affirms death penalty for execution-style murder following liquor store robbery

The defendant in People v. Rices pleaded guilty to murdering an El Cajon liquor store owner and employee after robbing the store.  He also admitted to special circumstances that made him eligible for a death sentence, which a jury recommended and the Supreme Court today unanimously affirms.  The court’s opinion by Justice Ming Chin recounts some unusual counsel issues — defendant’s appointed lead counsel apparently misrepresented his qualifications to handle death penalty cases and another lawyer, appointed to be an advisory counsel concerning the defendant’s desire to keep the lead counsel, had spoken with a potential witness against the defendant — but finds no prejudicial error.  As with other direct automatic appeals in which the court has no choice but to address all arguments a defendant makes, the court finds against the defendant on numerous additional issues as well, including finding to be harmless error an ex parte communication between the trial judge and the jury during deliberations.