PEOPLE v. SMITHSON

Nos. C030093, C030715.

94 Cal.Rptr.2d 170 (2000)

79 Cal.App.4th 480

The PEOPLE, Plaintiff and Respondent, v. Thomas John SMITHSON, Defendant and Appellant. The People, Plaintiff and Respondent, v. Charles Frank Spence, Defendant and Appellant.

Court of Appeals of California, Third District.

March 29, 2000.


Attorney(s) appearing for the Case

Stephen Temko and Victor J. Morse, for Defendants and Appellants.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Stephen G. Herndon and J. Robert Jibson, Supervising Deputy Attorneys General, Rachelle A. Newcomb and John A. O'Sullivan, Deputy Attorneys General, for Plaintiff and Respondent.


Certified for Partial Publication.* Review Denied July 19, 2000.**

NICHOLSON, J.

These appeals arise from the convictions of defendants Charles Frank Spence ("Spence") and Thomas John Smithson ("Smithson") for the robbery and murder of Dominick Virgil Tonelli ("Tonelli" or the "victim").

We consolidated the appeals on our own motion. Spence alleges: (1) the trial court improperly refused to...

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