People V. Ward

By In the Supreme Court of California

Release Date: 2005-06-30
Genre: Law

Description

Defendant Carmen Lee Ward was charged in a single information with the first degree murders of Ronald Stumpf and David Adkins (Pen. Code, § 187, subd. (a); all undesignated statutory references are to the Penal Code) and the attempted murder of Kenneth Shy (§§ 187, 664). The information further alleged a multiple-murder special circumstance (§ 190.2, subd. (a)(3)) and enhancements for the infliction of great bodily injury (§ 12922.7) and firearm use (§ 12022.5). After the trial court granted defendant's motion to sever the murder charges, a jury convicted him of the second degree murder of Stumpf and found the firearm use allegation to be true. A second jury then convicted him of the first degree murder of Adkins and the attempted murder of Shy and returned true findings on the enhancement allegations.*fn1 After a separate proceeding, the jury found true the special circumstance that defendant had been previously convicted of murder in the second degree. (§ 190.2, subd. (a)(2).) When the jury was unable to agree on the sentence, the court convened a second penalty phase jury, which returned a verdict of death.

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