California Court of Appeal

Conviction of first degree murder, stalking, and making a criminal threat after a finding that defendant was sane when he committed the offenses, is affirmed over claim that the court erred by instructing the jury on murder by lying in wait, failing to give a unanimity instruction for the stalking and criminal threat offenses, and failing to instruct the jury that defendant's statements to experts during the sanity trial could be considered to show the basis for the experts' opinions but not for the truth.

Appellate Information

• Decided 03/27/2006
• Published 03/27/2006

Judges

• PERREN, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Dan Mrotek, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jaime L. Fuster, Supervising Deputy Attorney General, Chung L. Mar, Deputy Attorney General, for Plaintiff and Respondent.