People v. Scheid

939 P.2d 748, 16 Cal. 4th 1, 65 Cal. Rptr. 2d 348, 97 Cal. Daily Op. Serv. 5701, 97 Daily Journal DAR 9176, 1997 Cal. LEXIS 3701
CourtCalifornia Supreme Court
DecidedJuly 17, 1997
DocketNo. S056981
StatusPublished
Cited by206 cases

This text of 939 P.2d 748 (People v. Scheid) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Scheid, 939 P.2d 748, 16 Cal. 4th 1, 65 Cal. Rptr. 2d 348, 97 Cal. Daily Op. Serv. 5701, 97 Daily Journal DAR 9176, 1997 Cal. LEXIS 3701 (Cal. 1997).

Opinion

[5]*5Opinion

GEORGE, C. J.

In 1994, defendant Nanette Scheid was convicted of one count of first degree murder, two counts of robbery, and one count of burglary. (Pen. Code, §§ 187, 211, 459.)1 A divided Court of Appeal reversed the convictions, concluding that the trial court erred in admitting into evidence a single photograph of the murder scene, and that the erroneous admission of this photograph was sufficiently prejudicial to require reversal.

As we shall explain, we conclude the Court of Appeal erred in finding the admission of the photograph to have been improper, and further conclude that, in any event, the admission of this evidence was not prejudicial. Accordingly, we reverse the judgment of the Court of Appeal.

I.

A.

The present appeal is from a conviction after retrial. In 1992, a jury convicted defendant of one count of first degree murder, two counts of robbery, and one count of burglary. The trial court sentenced defendant to an indeterminate term of imprisonment of 26 years to life. In 1993, the Court of Appeal reversed the judgment on the ground the trial court improperly had denied defendant’s motion to be tried separately from her codefendants.2

In 1994, on retrial, a jury again convicted defendant of one count of first degree murder, two counts of robbery, and one count of burglary. The trial court sentenced defendant to a determinate term of seven years and four months, in addition to an indeterminate term of imprisonment of twenty-five years to life. In 1996, a divided Court of Appeal reversed the judgment, on the ground that the trial court improperly had permitted the prosecution to [6]*6introduce an irrelevant and prejudicial photograph depicting the murder scene. We shall set forth the facts as disclosed by the evidence admitted at the second trial.

B.

The prosecution presented the following evidence. During the summer of 1988, Kazumi Hanano advertised his 1984 black Chevrolet Corvette for sale. (To avoid confusion, we occasionally shall refer to members of the victims’ family by their first names only.) In early July of that year, defendant contacted Kazumi by telephone to inquire about the car, calling him again on July 10 to obtain directions to his home, and appearing later that day at the Hananos’ residence in Anaheim. Defendant informed Kazumi that her boyfriend had received an insurance settlement and planned to use the proceeds to purchase a Corvette for her. After taking a brief test drive, defendant called her boyfriend, Robert Taylor, who spoke briefly with Kazumi, inquiring whether he had the certificate of ownership, commonly known as the “pink slip.” Defendant told Kazumi that the Corvette, which had been driven only about 3,000 miles in the 4 years Kazumi had owned it, was “exactly the type of car she wanted.” She departed from the residence, promising to return with Taylor.

At approximately 8:15 p.m. on July 10, defendant returned to the Hananos’ residence, accompanied by Taylor and Norman DeWitt, who Kazumi recalled “looked like they were Hell’s Angels.” Kazumi testified that he doubted that he would have let Taylor and DeWitt into his home had they arrived without defendant. Defendant carried a briefcase into the residence. While Kazumi accompanied Taylor on a test drive, defendant and DeWitt waited at the residence with Kazumi’s wife, Ryoko. When Taylor and Kazumi returned, they negotiated the sale of the vehicle. Taylor requested that the bill of sale be made out to “Willis Brown,” for a “red” car, in the amount of $1,500. As Kazumi was signing the pink slip, defendant departed from the residence and left in the vehicle in which she had arrived with Taylor and DeWitt.

Shortly after defendant departed, Taylor produced two handguns. He gave one gun to DeWitt, who produced a set of handcuffs. Taylor and DeWitt handcuffed the Hananos and ordered the couple to their bedroom, where they were made to kneel by the bed. After pulling the mattress over their heads and closing the window, Taylor shot each victim several times. Ryoko Hanano was killed; her husband Kazumi was paralyzed. Taylor took Kazumi’s wallet, which contained approximately $20.

Several hours later, the victims’ son returned home and found his parents kneeling by the bed where they had been shot. The Corvette was missing.

[7]*7A police investigation in the ensuing few days led officers to Taylor’s Sunset Beach residence, where they observed defendant coming and going in the early morning of July 13. Police officers followed Taylor later that day as he drove the victims’ Corvette, and apprehended him when he exited from the vehicle. Officers found the victims’ license plate, “TOY4KAZ,” behind the driver’s seat; the Corvette bore a different license plate, one registered to a 1987-model-year Corvette owned by a California Highway Patrol Officer. (The officer testified that on July 13, after having parked.his vehicle in the Sunset Beach area the prior evening, he discovered that the vehicle’s license plate was missing.) A search of Taylor’s Sunset Beach residence revealed other items taken from the Hananos’ residence, including the bill of sale for the Corvette (located in several pieces in the kitchen trash compactor), the pink slip, Kazumi’s empty wallet, one of the handguns used in the shooting, and ammunition consistent with the rounds found at the crime scene. Buried outside a residence in Garden Grove, police officers recovered the second handgun used in the shooting.

The following day, the police arrested DeWitt at his residence in Cypress. In a search of his residence, police found a spiral notebook containing directions to the Hananos’ residence. Contained within the notebook on a separate sheet of paper was a diagram of the layout of the victims’ residence. The prosecution’s handwriting expert opined that defendant wrote the directions, but, on cross-examination, he acknowledged that he could not attribute the diagram to anyone. A fingerprint expert identified defendant’s left thumbprint on the page containing the diagram of the victims’ residence. Her fingerprint also was discovered on the Hananos’ telephone.

C.

In defense, defendant testified that Taylor had duped her. She thought he intended to purchase—not steal—the Hananos’ Corvette, that the vehicle was for him (not her), and that she never saw any firearms displayed at the victims’ residence. She carried the briefcase into the victims’ residence but believed it contained the money and documents necessary to purchase the vehicle. Taylor told her not to read the newspapers, and she knew nothing of the murder until she was arrested.

Defendant’s mother and three former coworkers testified to her good character.3

Taylor testified that at his request a number of his girlfriends, including defendant, had made telephone calls on his behalf to inquire about Corvettes [8]*8listed for sale in various publications. He asked defendant to obtain the Hananos’ address but stated that he already had obtained their address and, aided by a Thomas Guide road map, had visited the Hananos’ neighborhood on a few occasions “to look over the house, the area, the street.” Taylor told defendant that he intended to purchase a Corvette with the proceeds from an insurance settlement. He claimed that it was he who had drawn the diagram found in the notebook, based upon defendant’s innocent description of the Hananos’ residence.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Simmons CA5
California Court of Appeal, 2023
People v. Johnson CA3
California Court of Appeal, 2020
People v. Morales
470 P.3d 605 (California Supreme Court, 2020)
People v. Shah
California Court of Appeal, 2019
People v. Gomez
California Court of Appeal, 2018
People v. Pina
California Court of Appeal, 2017
Farhoomand v. Caine CA4/1
California Court of Appeal, 2015
People v. Dave CA5
California Court of Appeal, 2015
Velasquez v. Centrome, Inc.
233 Cal. App. 4th 1191 (California Court of Appeal, 2015)
People v. Meraz-Espinoza CA2/8
California Court of Appeal, 2015
People v. McNair CA3
California Court of Appeal, 2014
People v. Fialho
229 Cal. App. 4th 1389 (California Court of Appeal, 2014)
People v. Merriman
332 P.3d 1187 (California Supreme Court, 2014)
People v. Segovia CA2/2
California Court of Appeal, 2014
People v. Johnson CA1/2
California Court of Appeal, 2014
People v. Therien CA3
California Court of Appeal, 2014
People v. Aspinwall CA6
California Court of Appeal, 2014
People v. Hernandez CA1/4
California Court of Appeal, 2014
People v. Duff
317 P.3d 1148 (California Supreme Court, 2014)
People v. Carroll
222 Cal. App. 4th 1406 (California Court of Appeal, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
939 P.2d 748, 16 Cal. 4th 1, 65 Cal. Rptr. 2d 348, 97 Cal. Daily Op. Serv. 5701, 97 Daily Journal DAR 9176, 1997 Cal. LEXIS 3701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-scheid-cal-1997.