People v. Debose
59 Cal. 4th 177
Cal.2014Background
- Defendant Donald Debose was convicted of first degree murder, second degree robbery, arson causing great bodily injury to Kim, with true special circumstances of arson and robbery during the murder; scored death at penalty phase.
- Debose also was convicted of attempted premeditated murder and second degree robbery of Dassopoulos, with firearm and great bodily injury enhancements; sentences run consecutively.
- Two codefendants, Higgins and Flagg, were convicted similarly; arson-murder special circumstances were found for them but later vacated on appeal.
- Kim died days after being found burned in the trunk of a car; Dassopoulos survived a gunshot to the head, after which evidence linked gun to Debose.
- The arson‑murder special circumstance for Debose was vacated on review; the Court affirmed all other judgments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Arson-murder special circumstance sufficiency | Arson caused an inhabited structure/property, supporting the special circumstance. | Arson did not involve an inhabited structure/property, so the special circumstance fails. | Arson-murder special circumstance vacated; conviction/sentencing otherwise affirmed. |
| Effect of invalid factor in weighing | Invalid arson factor could still be weighed as aggravation to support death sentence. | Using an invalid factor taints sentencing. | No error; valid aggravating factors supported the death penalty; invalid factor did not require reversal. |
| Juror No. 2 dismissal for potential bias | Discharge was inappropriate and biased against defense. | Discharge was proper given relationships and potential bias. | No abuse of discretion; good cause shown; dismissal upheld. |
| Admission of codefendant Higgins's statement identifying Debose | Statement admissible substantive evidence of guilt. | Hearsay and confrontation/crawford concerns. | Harmless error; overwhelming other evidence supported guilt. |
| Robbery‑felony‑murder instruction on pursuers | Instruction properly stated law and supported conviction. | Pursuit portion was improper given no evidence of pursuit. | Error harmless; key question remains whether ongoing robbery matched felony-murder; conviction sustained. |
Key Cases Cited
- Brown v. Sanders, 546 U.S. 212 (U.S. 2006) (invalid sentencing factors do not automatically invalidate death sentence)
- People v. Rich, 45 Cal.3d 1036 (Cal. 1988) (permissible to ask about penalties given case facts)
- Rodrigues, 8 Cal.4th 1060 (Cal. 1994) (waiver of error when defendant approves response to jury questions)
- Carter v. California, 19 Cal.App.4th 1236 (Cal. App. 1990) (instruction on robbery-felony-murder and pursuit standards)
- Stankewitz, 51 Cal.3d 72 (Cal. 1990) (robbery-murder rule and ongoing nature of robbery)
- Fields, 35 Cal.3d 329 (Cal. 1983) (robbery-felony-murder instruction standards)
- Guiton, 4 Cal.4th 1116 (Cal. 1993) (inapplicable jury instruction error reviewed for harmless error)
- Cook, 39 Cal.4th 566 (Cal. 2006) (deadlock continuation and review of delay in jury deliberations)