California Court of Appeal

Conviction of first degree murder, with jury finding not true lying-in-wait special circumstances and personal use of a deadly weapon allegations, is affirmed over claims that: 1) the trial court erred in failing to instruct the jury sua sponte on when a murder is complete, on the defense of mistake of fact, and on proximate cause; and 2) the trial court erroneously excluded evidence that would have supported the credibility of a defense witness.

Appellate Information

• Decided 07/18/2006
• Published 07/18/2006

Judges

• YEGAN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Ralph H. Goldsen, under appointment by the Court of Appeal, Goleta, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson, Supervising Deputy Attorney General, Gary A. Lieberman, Deputy Attorney General, for Plaintiff and Respondent.