People v. Fields, Cr. 21126

Citation35 Cal.3d 329,673 P.2d 680,197 Cal.Rptr. 803
Decision Date29 December 1983
Docket NumberCr. 21126
CourtUnited States State Supreme Court (California)
Parties, 673 P.2d 680 The PEOPLE, Plaintiff and Respondent, v. Stevie Lamar FIELDS, Defendant and Appellant.

Howard Schwab, Los Angeles, for plaintiff and respondent.

Allen J. Ruby, San Jose, for defendant and appellant.

BROUSSARD, Justice.

This case arises on an automatic appeal from a death sentence imposed under the 1977 death penalty statute. (Former Pen.Code, § 190 et seq.; Stats.1977, ch. 316.) As is typical in automatic appeals, the case raises a variety of contentions, some presenting issues of general import while others involve matters relevant only to this particular appeal. Among the more important issues are: (1) whether the exclusion of jurors who would automatically vote against the death penalty denies defendant a representative jury at the guilt phase of the trial; (2) whether a person who states that he could not vote for the death penalty in the case before him, but might conceivably in another case, can be excluded from the jury; (3) whether the execution-murder of a robbery victim after the killer has secured possession of the victim's property can fall within the special circumstance of murder "during the commission" of a robbery; and (4) whether a psychopath is legally insane. We have reviewed these and all other issues raised by defendant, and find no prejudicial error in the proceedings below. We therefore affirm the judgment finding defendant guilty of first degree murder, with the special circumstance of murder during the commission of a robbery, and imposing the death penalty.

I. Summary of proceedings.

On September 13, 1978, defendant was paroled from prison after serving a sentence for manslaughter. In the next three weeks, he became a one-man crime wave. He was eventually convicted in this proceeding of the following offenses: The robbery murder of Rosemary C., with the special circumstance of willful, deliberate, and premeditated murder during the commission of a robbery; the robbery of Clarence G.; the kidnaping for robbery and forced oral copulation of Cynthia S.; the kidnaping for robbery and robbery of Gwendolyn B., as well as rape, forcible oral copulation, and assault with a deadly weapon on Gwendolyn; the kidnaping, robbery, forcible oral copulation, and rape of Colleen C.

The jury determined that defendant was sane, and fixed the punishment at death. The trial court denied defendant's motion for new trial and for modification of the verdict. The case comes to us on automatic appeal.

II. Summary of the evidence.
(a) The murder and robbery of Rosemary C.

Rosemary C. was a 26-year-old black woman who worked as a student librarian at the University of Southern California. On September 27, Gail Fields, defendant's sister, saw Rosemary and defendant at the Fields residence. The next morning Gail entered defendant's bedroom; defendant was standing by the door and Rosemary was naked in the bed. Defendant handed Gail a check signed by Rosemary C. for $185. Defendant then examined Rosemary's checkbook and said that she probably had more money. Defendant called Rosemary a "bitch" and told her to write another check for $222 and some cents. He then told Rosemary he would "bump her off" because "she run a game on him," by writing a check for less than the balance of her account. Gail took the $222 check, cashed it at a bank, and gave the money to defendant, who returned $22 to her.

About 1 p.m. on September 28, Debbie M., a 16-year-old girl who was the former girlfriend of defendant's brother, went to the Fields residence. Debbie saw Rosemary and defendant go into defendant's bedroom. A short while later, defendant came out and asked Debbie if she wanted to see how he punished his girl friends. Debbie said "no," but defendant pushed her to the bedroom door where she saw Rosemary naked and bound to the bed. A short while later Debbie saw defendant enter the bedroom with a gun, tell Rosemary that he would kill her if she did not give him money, and say that he was going to take her on a long trip "and she wasn't never going to come back."

Later in the afternoon Gail borrowed a car from Clifton B., Debbie's godfather. Debbie saw defendant, Gail, and Rosemary leave the house; Rosemary was dressed and carrying her purse. Gail testified that defendant and Rosemary got in the back seat of B.'s car. Defendant told Gail to drive them toward the Santa Monica freeway. As the car entered the on-ramp, Gail heard a shot. Rosemary cried out, "Oh, God." Defendant told Gail to keep on driving. Gail heard more shots. Defendant then said that Rosemary was not dead and he had to make sure she was dead. Gail then heard the noise of a blow. Rosemary died of five gunshot wounds and a blunt injury to the head.

Gail drove to an alley near the Fields residence. Defendant removed the body from the car and left it in the alley while Gail covered the car's license plates. They drove to a car wash and cleaned the blood from the car. Debbie saw defendant and Gail return without Rosemary. When she heard police sirens, Debbie went to the alley and saw the body. She walked back to the house and asked defendant if the body was the girl who had been at the house. He laughed and said, "She was going on a long trip and was never coming back."

The prosecution introduced additional evidence to corroborate the testimony of Gail and Debbie. Clifton B. attested to the loan of the car, and said when it was returned it had two bullet holes in it. A prosecution witness described seeing a car in the alley which matched the description of B.'s car. Other witnesses described the discovery of Rosemary's body.

A bank official verified the $222 check from Rosemary to Gail Fields. Police officers who searched the Fields house discovered Rosemary's purse, driver's license, and a torn check from Rosemary C. to Gail Fields for $185.

(b) The robbery of Clarence G.

Clarence G. testified that on the evening of October 2, 1978, he parked his Trans Am Pontiac outside a drug store. When he returned to the car, defendant and another man approached. Defendant was armed with a gun, and demanded the car keys. Clarence handed the keys to the other man and started to leave, but defendant called him back and asked for money. Clarence gave him what he had, about $4 or $5. The victims of defendant's subsequent crimes all observed defendant driving the Trans Am.

(c) Crimes against Gwendolyn B. and Cynthia S.

Gwendolyn B. and Cynthia S. were prostitutes. Early in the morning on October 5, 1978, they saw defendant and William ("Popeye") Blackwell, a 17-year-old friend of defendant, drive by in a Trans Am. Defendant and Blackwell, who had a gun, walked up to Gwendolyn and Cynthia, and ordered the two women into the car. As they entered the car, defendant asked if they had any money.

Defendant drove the car to an alley near the Fields residence. He took the gun from Blackwell and directed the women to enter the house and go to the upstairs bedrooms. Defendant ordered Gwendolyn to remove her clothes and took $50 she had hidden in her stockings. He inspected her for venereal disease, told her to do whatever his friend Blackwell wanted, then left the room. Blackwell then raped Gwendolyn. Defendant took Cynthia into another room, compelled her to disrobe, and took about $100 from her.

Later defendant, Blackwell, and the two women assembled in the same room and smoked marijuana. Defendant told Gwendolyn to have oral sex with Cynthia. After she complied, he then directed her to perform anal sex. Gwendolyn refused, and defendant struck her with the gun, breaking Gwendolyn's jaw and the handle of the gun. Defendant then raped Gwendolyn, while Blackwell raped Cynthia.

Gwendolyn passed out on a mattress in the bedroom. When she awoke on the blood-stained mattress, she saw Blackwell with a knife. Defendant told Blackwell, "Man, go and cut the bitch up. You can't just leave her laying there." Blackwell did not comply, and defendant then ordered Cynthia to clean up the blood from Gwendolyn's injury.

Defendant and Blackwell compelled the women to dress and accompany them in the Trans Am to pick up more prostitutes to rob. They found two more women and defendant compelled them at gun point to get into the car. 1 After they returned to the Fields house, defendant permitted Gwendolyn and Cynthia to leave.

Cynthia took Gwendolyn to a hospital for treatment of the injury to her jaw. At the hospital, Gwendolyn used the name of Cynthia S. so she could use Cynthia's Medi-Cal card, while Cynthia used the alias of Nichole Williams.

The search of the Fields residence turned up Gwendolyn's wig and blouse and Cynthia's identification card. The police also observed extensive blood stains on the mattress where Gwendolyn had lain.

(d) Crimes against Colleen C.

A few hours after releasing Gwendolyn and Cynthia, defendant and Blackwell found another victim.

Colleen C., an 18-year-old student at U.S.C., parked her car in a restaurant parking lot. Defendant and Blackwell, who was armed with a gun, approached and ordered her into a Trans Am parked in the alley near the restaurant. Blackwell drove to the Fields house.

Defendant took the gun from Blackwell and ordered Colleen to go into the bedroom. Blackwell asked for the keys to Colleen's car, and defendant demanded that she give them to Blackwell. When Blackwell left with the keys, defendant looked through Colleen's purse, took about $12, and asked if she had a checking account. Colleen said she did but it only contained $30.

Defendant ordered Colleen to remove her clothes, and struck her for not removing them fast enough. He then required her to perform oral sex on him and to submit to intercourse.

When the sexual acts were finished, defendant demanded more money. Colleen said she could withdraw $2,000 from a Crocker Bank savings account through a...

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