P. v. Rabb
A jury convicted Warren Anthony Rabb of two counts of first degree murder (Pen. Code,[1] § 187, subd. (a); counts 1 & 2) and one count of attempted murder (§§ 664, 187, subd. (a); count 3). The jury also found true, as to all counts, that Rabb personally used a firearm (§ 12022.5, subd. (a)); personally discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d)); and personally inflicted great bodily injury on the victims (§ 12022.7, subd. (a)). In addition, the jury found true a special circumstances allegation that Rabb was convicted of multiple murders (§ 190.2, subd. (a)(3)).
The court sentenced Rabb to prison for two consecutive life terms without parole plus 25 years to life for the firearm enhancement under section 12022.53, subdivision (d) on each of the first two counts, and 15 years to life plus 25 years to life for the firearm enhancement under section 12022.53, subdivision (d) for the third count. The court stayed the sentence of the remaining enhancements. The total sentence consisted of two life terms without the possibility of parole, plus 90 years to life.
Rabb appeals, contending the court abused its discretion by denying his motion to dismiss for the prosecution's delay in charging Rabb. He also argues his constitutional rights were violated when: (1) the prosecutor misstated the law regarding the appropriate burden of proof during her closing argument and (2) the court prohibited Rabb's expert witness from testifying about certain issues. We determine the court did not abuse its discretion in denying Rabb's motion to dismiss, but conclude the prosecutor prejudicially misstated the law as to the reasonable doubt standard during her rebuttal closing argument, and reverse the judgment for this reason. We do not reach Rabb's assertion that his Sixth Amendment rights were violated because the court, as a discovery sanction, did not allow Rabb's expert witness to offer certain testimony.
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