People v. Crew

Opinion

KENNARD, J.

A jury convicted defendant Mark Christopher Crew of one count of murder (Pen. Code, § 187, subd. (a))1 and one count of grand theft (§§ 484, 487). The jury found true a special circumstance allegation that the murder was carried out for financial gain. (§ 190.2, subd. (a)(1).) Defendant was sentenced to death. This appeal is automatic. (Cal. Const., art. VI, § 11; Pen. Code, § 1239.)

I. FACTS AND PROCEEDINGS

A. Guilt Phase

1. Prosecution’s case

Defendant met Nancy Jo Wilhelmi Andrade (Nancy), a nurse, at the Saddle Rack bar in San Jose in 1981, shortly after Nancy’s divorce.…