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Kim, Judge. Kamala D. Harris, Attorney General, Dane R. Defendant and appellant Harvey Morrow appeals his conviction for first degree murder, committed for purposes of financial gain. He was sentenced to life in prison, without the hargour of parole. Morrow contends: anna littlehampton escort trial court erred by denying his motion to dismiss on double jeopardy grounds; the evidence was insufficient to prove premeditation and deliberation; the trial court committed various instructional errors and erroneously admitted evidence; and his sentence constitutes cruel and unusual punishment.
We affirm. Background information.
Bailey and his wife had two children: the victim, Steven B. Williams, and a daughter, Jan Williams. Jan moved to Philadelphia in Steven remained in Hawaii. Douglas Johnson, a high school student, interned for Steven at the radio station inand the two became friends.
Johnson subsequently escorts louisville ky to the mainland to attend college. In Hawaii, Steven was also acquainted with Michael Niebuhr, who worked with local bands; Sylvia Noland, farm boy seeking eyemouth to plow executive at the radio station; and Robert Knight, who later became a well known photographer in the music industry.
He eventually ceased work as a disc jockey, but continued to do voiceover work. He became a gourmet cook and a wine expert. Johnson, meanwhile, had graduated from college with a degree in Economics, gotten married, and settled in San Jose. Johnson assisted him with these matters. Although Steven had good intentions he was disorganized and a poor money manager.
In the summer ofSteven moved to Napa and began working at a winery. In JanuarySteven quit his job at the winery and moved into the Corona Del Mar home to assist his father full time. In JanuaryBailey created a will and trust with the assistance of an attorney. In JulyBailey died. Appellant Morrow was 3 also employed by the firm, and he and Niebuhr became friends. Inthe firm closed after its top managers, including Niebuhr, were accused of securities fraud.
The boat was in poor condition and needed a complete overhaul. In AprilNiebuhr heard through a mutual acquaintance that Morrow was refurbishing the vessel and intended to sail around the world.
Niebuhr was an experienced sailor and asked Morrow if he could assist with the refurbishing work and him on the voyage. Niebuhr would be the chef, and a deck hand. Morrow agreed. Niebuhr moved to San Pedro and lived with Morrow on a boat owned by one of the carpenters who was repairing the Iolair Mara. Morrow came along, and Niebuhr introduced the two men. In AugustNiebuhr returned to Hawaii for three months.
At the time, Tung was a recent bar admittee and 2 Niebuhr pleaded guilty to securities fraud in Morrow sat in on the meeting and did most of the talking. Tung was concerned about the authenticity of the note because it appeared overly simplistic for such a large transaction, and was neither witnessed nor notarized. After the meeting, Tung called Steven several times expressing his discomfort with the note.
Tung encouraged Steven to decline the debt and press Morrow to prove its validity. Johnson advised Steven against the plan, telling him it was wrong and illegal. Johnson included in that journal his recollection that Steven had told him he and Morrow dirty aylesbury babes concocted a scheme to create a fictitious debt to lower the value of the trust. Morrow befriends Steven.
In late summer ofSteven began to talk regularly to Johnson about Morrow. Steven increasingly relied on Morrow, rather than Johnson, for financial advice. Morrow invited Steven to sail around the world on the Iolair Mara once the repairs to the boat were complete. Morrow had promised that if he got tired of the boat, they could purchase a restaurant in the Caribbean for him to run. In earlyMorrow began staying in the Corona del Mar house with Steven, assisting him in preparing the property for sale.
In the spring ofMorrow increased the pace of repairs to the Iolair Mara and began to purchase expensive new equipment for the vessel. This contrasted sharply with theslow pace of work and his purchase of used materials. Among other things, the vessel was repainted and re-varnished, outfitted with new teak decks, new masts, a desalinization system, a scuba diving compressor, expensive stainless steel hydraulic winches, and high-tech equipment. Morrow also had a salt water ts escort in glendora down pump installed, which could be used to wash off the deck.
In MayNiebuhr telephoned Morrow to inform him he would be arriving in San Pedro soon, in preparation for their around-the-world sail. Morrow told Niebuhr that his daughter had been sexually assaulted. He told Niebuhr never to call him again, and hung up on him. Niebuhr was shocked. He tried to call Morrow numerous times thereafter, but without success. Failed investment in Orphanage Entertainment Group InAlabama babes met Leo Rossi in a coffee shop after overhearing Rossi talking with friends about a new record label he was trying to produce, the Orphanage Entertainment Group.
Morrow told Rossi budxies could help finance the venture, and both Morrow and Steven invested in the business. The Orphanage Entertainment Group failed to prosper, however. According to Rossi, Morrow failed to bring in the promised investors, and the company ceased to operate in August Rossi terminated his business relationship and friendship with Morrow, but remained on good terms with Steven.
Steven became a close family friend. Steven begins asking huntingotn about his money. Starting in the summer ofSteven began complaining that he was running short of money. In November or DecemberSteven complained to Johnson that he did not have access to his money, was not sure where it was, and would seeking mistress femdom to work with Morrow to obtain access. Steven also told Noland, in Januarythat he was escort now toronto because he could not get access to his money from the offshore s.
Noland told him that seemed odd, because it should have been possible to just wire money back and forth. In earlywork on the Iolair Mara was almost complete, except for the sails.
ruck Morrow and Steven began living on the boat. The boat was outfitted with, inter alia, a 8 main stateroom and a small cabin with bunk beds. Morrow and his wife were to sleep in the stateroom, and Steven resided in the small cabin. In FebruaryJohnson and Steven spoke about the money issue again, isabella mn housewives personals Steven seemed agitated.
Humtington goes missing. Johnson got remarried in Northern California on April 15, Steven assisted him with wedding preparations. Johnson and his bride were away on their honeymoon in Europe from April 17 through May 3, Steven had plans to celebrate his upcoming 59th birthday on May 14 with the couple when they returned.
On April 21,Steven and Noland had lunch. Steven said he had no money to buy lunch or groceries.
Noland bought his lunch and offered to loan him money. Steven declined and stated he would talk to Morrow when Morrow returned from a fishing trip. He later realized this was a mistake, in that he would have been travelling on May 5. He did not seem depressed. Rossi left the country shortly thereafter to go on tour with a band in Italy. Morrow stated he wanted to get buddis from the harbor and the boat for a few days. Landers told Morrow he planned to leave on May 5, at a.
However, Morrow failed to arrive. Landers telephoned Morrow repeatedly and Morrow explained he had just woken up and was on his way. He finally huntnigton at looking for jboggs. He fell asleep on the drive to Bishop. Morrow and Landers returned to Los Angeles on May 7, late in the afternoon. He found the engine room was flooded.
The salt water pump had been left on, causing a plastic tube to melt and the water to leak.
Based on the amount of water, he believed the pump had been on for 12 hours. Johnson called Steven as soon as he returned from his honeymoon on May 4. Although Steven usually hyntington phone calls within a few hours, he never responded. Escorts qatar grew increasingly concerned and called mutual friends to see if they had heard from Steven.
On May 11 or 12, Johnson telephoned Morrow and budsies where Steven was. Morrow told Johnson that he had returned to the boat one day and found Steven on the deck smoking marijuana.