Scheidel, Assistant State Public Defender, for Defendant and Appellant. This case is before us on defendant's automatic appeal. (b).) For the reasons set forth below, we vacate the lying-in-wait special-circumstance findings related to victims Avina, Sams, Nisbet, and Denogean; reverse defendant's six convictions for simple kidnapping (counts 7, 12, 13, 17, 21, and 25); modify the judgment to reflect a single sentence for conspiracy (count 27); and order stayed the sentences for the conspiracy conviction in count 27 and for the robbery convictions in counts 5, 8, 9, 15, 19, and 23. Rptr.3d 650, 72 P.3d 280), the evidence at trial established the following. 1620.)Three years before Bruton, we had come to a similar conclusion on state law grounds, but we also concluded that the codefendant's confession may be introduced at the joint trial if it can be edited to eliminate references to the defendant without prejudice to the confessing codefendant.
In late July or early August, 1991, Valdez bought a brown 1983 Oldsmobile Cutlass from the dealership. on August 9, 1991, Valdez left the dealership driving the Cutlass to return to his home in Victorville, about 70 miles away. Defendant and his three codefendants were tried together. Lane's car bumped a red truck driven by Jose Avina, who pulled over and stopped. Defendant approached Avina and demanded the keys to the truck. 1620.) The high court reasoned that although juries ordinarily can and will follow a judge's instructions to disregard inadmissible evidence, “there are some contexts in which the risk that the jury will not, or cannot, follow instructions is so great, and the consequences of failure so vital to the defendant, that the practical and human limitations of the jury system cannot be ignored.” (Id. As Linda struggled to get out of her car, defendant shot Agustine once in the abdomen, then was driven away. Agustine Ramirez was taken to a hospital, where he died from a single gunshot wound to his left abdomen. 550, 758 P.2d 1081.) If the court's joinder ruling was proper when it was made, however, we may reverse a judgment only on a showing that joinder “ ‘resulted in “gross unfairness” amounting to a denial of due process.’ ” (People v. Rptr.2d 485, 6 P.3d 150.)Here, defendant was charged along with at least one of his codefendants in each count with having committed “common crimes involving common events and victims.” (People v. One evening in early or mid-July, 1991, codefendant Machuca accompanied Sylvia Medina to the Magic Mushroom, where she stayed for over an hour.