People v. Wright

• Decision Date: 27 December 1990
• Docket Number: No. S004479,S004479
• Citation: 52 Cal.3d 367,802 P.2d 221,276 Cal.Rptr. 731
• Court: California Supreme Court
• Parties: , 802 P.2d 221 The PEOPLE, Plaintiff and Respondent, v. Bronte Lamont WRIGHT, Defendant and Appellant. Crim. 22843.

Page 731

276 Cal.Rptr. 731

52 Cal.3d 367, 802 P.2d 221

The PEOPLE, Plaintiff and Respondent, v. Bronte Lamont WRIGHT, Defendant and Appellant.

No. S004479.

Crim. 22843.

Supreme Court of California In Bank.

Dec. 27, 1990.

As Modified on Denial of Rehearing

Feb. 20, 1991.

Robert Mann, under appointment by the Supreme Court, Los Angeles, and Stephen Gilbert, Santa Monica, for defendant and appellant.

John K. Van de Kamp, Atty. Gen., Steve White and Richard B. Iglehart, Chief Asst. Attys. Gen., Edward T. Fogel, Jr., Asst. Atty. Gen., Andrew D. Amerson, William R. Weisman, William T. Harter, Thomas L. Willhite, Jr., John R. Gorey and Susan D. Martynec, Deputy Attys. Gen., Los Angeles, for plaintiff and respondent.

EAGLESON, Justice.

Defendant Bronte Lamont Wright was convicted of the first degree murder of Patricia Hunter (Pen.Code, § 187), ¹ rape (§ 261), attempted robbery (§§ 664/211), and burglary (§ 459). Various enhancement allegations were found true: personal use of a deadly and dangerous weapon, infliction of great bodily injury upon a victim of advanced age, and commission of the offenses while defendant was on parole following a term of imprisonment for a violent felony in which he had used a handgun. (§§ 1203.075, 1203.085, 1203.09, 12022.7, 12022.8, 12022.) Three special circumstances were found true: that the murder was committed while defendant was engaged in the commission or attempted commission of a robbery (§ 190.2, subd. (a)(17)(i)), rape (§ 190.2, subd. (a)(17)(iii)), and burglary (§ 190.2, subd. (a)(17)(vii)). The jury fixed the penalty at death; this appeal is automatic. (§ 1239, subd. (b).)

We filed an initial opinion in this case on March 2, 1989, affirming the judgment of guilt and reversing the penalty. Thereafter we granted a rehearing; supplemental briefs have been filed raising several new claims with citation to recent authorities. For the reasons set forth hereafter,

[802 P.2d 231] we now conclude that the judgment should be affirmed in its entirety.

FACTS

Guilt Phase

Mrs. Patricia Hunter, a 76-year-old widow, was last seen alive by a schoolgirl as she sat on the porch of her Pasadena residence at approximately 4:30 p.m. on April 30, 1981. Assistant Pastor Frank Brown became concerned the following day when Mrs. Hunter failed to attend a Sunday school teachers' meeting. He went to her house but received no response to his knock on the front door or his taps on the side of the house. He crossed the street and enlisted the assistance of another church member, Ms. Hetker. The two returned to Mrs. Hunter's home and entered through the unlocked front door. They discovered Mrs. Hunter's half-clothed body on the living room floor, returned to Hetker's residence and summoned the police.

Pasadena police officers found the victim naked from the waist down with socks, slacks, pantyhose, and underwear draped over the lower portion of the body. Blood was found splattered around the room and the upper portion of the telephone receiver was covered in blood. Broken bric-a-brac was strewn around the room indicating the victim had struggled with her assailant. A pillow was found next to the victim's head.

A deputy medical examiner determined the victim had died from massive brain damage due to "many, many blows" delivered to "all areas of the head." He testified the injuries were so extensive that "[t]he scalp was lifted away from the skull for a distance of about one inch by what amounted to a lake of liquid blood...." Marks and discoloration around the victim's eyes were consistent with being struck with the telephone receiver. Defensive wounds and abrasions were found on her hands and wrists. In addition, there was evidence of strangulation. Further investigation revealed the presence of sperm in the external vaginal area but none inside the vagina. Physical evidence of penetration was inconclusive.

A police fingerprint expert examined the crime scene and found defendant's palm prints on a copy of Guidepost magazine and on a newspaper which were recovered from the living room next to where the body was found. Two neighbors reported having seen defendant, who lived within a block of the victim's residence, walk by the victim's house between 3 and 4:30 in the afternoon on April 30. Ten to thirty minutes later, the same neighbors saw defendant return, stop in front of the victim's home, and stand there looking at the victim's property for one and one-half to two minutes.

Pasadena police obtained a warrant and arrested defendant, with the assistance of his parole officer, one week after the murder. He was interviewed the following day. Defendant initially denied any involvement, but thereafter confessed to the crimes. The interview session was tape-recorded. Defendant stated he went to the victim's house and asked if he could mow her lawn. When she replied she already had somebody who performed that job for her, he asked for a glass of water. When she brought the glass to the door, he forced his way in. She began screaming so he hit her. He admitted striking her many times but claimed he left her alive, although he stated she was having difficulty breathing. He confessed to attempting to rape the victim, was equivocal as to whether he had achieved penetration, but admitted having ejaculated. He further admitted he entered the victim's home because he believed she would be an "easy mark," and that he took $5 and some change from the victim. He admitted "murdering" the victim but claimed it was not "intentional."

Defendant did not testify and introduced no evidence at the guilt phase.

Penalty Phase

At the penalty phase, the prosecution presented extensive evidence documenting defendant's criminal history. On December 18, 1972, defendant, then 18 years old, along with a juvenile accomplice, entered the home of 80-year-old Shiu Maruyama and ransacked the residence looking for money. The accomplice held the victim at On June 21, 1974, defendant robbed two different victims in a Pasadena bank parking lot. The first, Jennifer Salsbury, testified defendant approached her as she was getting into her car, exhibited a gun, and took her wallet. Salsbury drove away when defendant told her she would not be harmed if she left the scene. Minutes after the Salsbury robbery, defendant robbed Muriel Cunningham in the same parking lot. After exhibiting his gun, defendant took the victim's purse containing between $50 and $60 and fled on foot. Although both victims later testified in court against defendant, there is no indication that convictions were obtained.

[802 P.2d 232] defendant's direction but had to constantly remind defendant not to harm her. They tried to force a ring from the victim's finger but were unsuccessful. Defendant was apprehended at the scene and confessed his involvement in the crime to one Agent Cauchon. Cauchon testified at the penalty phase that defendant smiled while describing the incident to him and did not appear to exhibit any remorse whatsoever. Defendant was eventually convicted of second degree burglary.

On March 20, 1977, defendant, armed with a shotgun, robbed Stephen Hardin, who was working as a desk clerk in a Glendale motel. After pointing the shotgun at his victim and threatening to kill him if he did not do as ordered, defendant obtained between $200 and $300 from the till, then forced Hardin to remove his trousers and stay in a closet until defendant made good his escape. Once again, although Hardin testified against defendant, there is no indication in the record that a conviction was obtained.

Four days later, defendant entered a 7-Eleven convenience store in Glendale wearing a ski mask and brandishing a revolver. He instructed Tracie George, the clerk, to give him all the money in the register and she complied. Ronald Pure, George's boyfriend, was also present and was ordered by defendant to lie on the floor. Defendant was apprehended when Glendale Police Officer Tuosto observed him fleeing from the scene. Tuosto found defendant in possession of the stolen money, a revolver, and a ski mask. The handgun was fully loaded and operational; a bullet was in the chamber and an indentation in the shell casing evidenced that the firing pin had struck it but that the round had misfired. Defendant was convicted of first degree robbery with use of a handgun and assault with intent to commit robbery.

On June 25, 1977, Deputy Sheriff Molina observed defendant and inmate-victim Shires together in a locked cell in county jail. Shires was bleeding from two slashes on his abdomen. A search revealed a razor blade secreted in the cell's toilet. Defendant was later convicted of assault with a deadly weapon.

In addition to the incidents related above, the trial court took judicial notice of court documents establishing that defendant had been convicted in 1974 of two robberies involving use of a handgun against victims Darland Shaw and Lena Johnson.

The prosecution also presented considerable evidence regarding defendant's behavioral and adjustment problems while in prison. Correctional Officer Ortiz testified that on October 30, 1977, he observed defendant straddling and punching an inmate named Martin, who was spitting out blood. After correctional officers broke up the altercation, defendant jumped back into the fray, striking Martin two more times. The writeup of the incident concluded Martin had provoked the fight but that defendant struck the first blows.

Gregory Avila testified he was a counselor at the California Men's Colony and that on May 16, 1978, he interviewed defendant to determine whether he wished to participate in any educational or vocational training. Defendant replied he did not want to go to school. When queried how he planned to make a living after leaving prison, defendant replied that if he saw something he wanted, he would just take it. Defendant expressly stated he had no intention of altering his criminal conduct.

On August 10, 1978...