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Related Cases

People v. Dennis, 17 Cal.4th 468, 950 P.2d 1035, 71 Cal.Rptr.2d 680, 98 Cal. Daily Op. Serv. 1174, 98 Daily Journal D.A.R. 1651

Facts

On Halloween night, 1984, William Michael Dennis attacked his former wife, Doreen Erbert, who was eight months pregnant, with a machete-like weapon, resulting in her death and the death of her fetus. The attack occurred at Doreen's home while her husband was away, and their four-year-old daughter witnessed parts of the incident. Following the attack, Dennis was found with injuries consistent with the crime, and evidence linked him to the scene, including blood trails and a wolf mask he had worn previously.

On Halloween night, October 31, 1984, defendant went in disguise to the home where his former wife, Doreen Erbert, lived with her husband of five years, Charles Erbert, and their four-year-old daughter, Deanna. While Charles was away from the house, defendant attacked Doreen with a machete or similar weapon after she opened the door to him. Doreen was eight months pregnant. Among the many wounds she suffered were severe cuts to her abdomen, uterus, placenta, and the umbilical cord. The fetus suffered severe chopping wounds and was expelled from Doreen's womb. The fetus was found dead at the scene; Doreen died in the ambulance on the way to the hospital.

Issue

The main legal issues included whether the statute imposing an additional term for the termination of pregnancy was a sentencing enhancement or a separate crime, whether the prosecution's decision to seek murder convictions violated the defendant's rights, and whether the jury should have been instructed on lesser included offenses.

Defendant raises a series of arguments based on the premise that the court should have instructed the jury on section 12022.9 as an alternative charge to the fetal murder alleged in count 2. That section was enacted in 1985, the year after the killings in this case, and became effective January 1, 1986.

Rule

The court ruled that the statute imposing an additional term for the termination of pregnancy was a sentencing enhancement and not a separate substantive crime. It also held that the prosecution's decisions did not violate the defendant's constitutional rights and that the jury was not required to be instructed on lesser included offenses.

The fundamental flaw underlying defendant's contentions is that section 12022.9 defines a sentence enhancement, not a substantive offense. Enhancements, like special circumstances, are not substantive crimes. (People v. Morris (1988) 46 Cal.3d 1, 16, 249 Cal.Rptr. 119, 756 P.2d 843, disapproved on another point in In re Sassounian (1995) 9 Cal.4th 535, 543–545, fns. 5, 6, 37 Cal.Rptr.2d 446, 887 P.2d 527.) California courts have long recognized that an enhancement is not a separate crime or offense.

Analysis

The court applied the rule by determining that the prosecution's approach in seeking murder convictions for both Doreen and her fetus was legally permissible. The court found that the evidence supported the jury's findings of multiple murders and that the defendant's claims of mental illness did not negate his culpability. The court also noted that the defendant had waived certain claims by failing to object during the trial.

Conclusion

The Supreme Court affirmed the convictions and the death sentence, concluding that the trial court did not err in its rulings and that the evidence supported the jury's verdict.

Who won?

The prevailing party was the prosecution, as the court upheld the convictions and the death sentence against the defendant.

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Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403, 72 USLW 4546, 04 Cal. Daily Op. Serv. 5539, 2004 Daily Journal D.A.R. 7581, 17 Fla. L. Weekly Fed. S 430, 6 A.L.R. Fed. 2d 619

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