California Court of Appeal

Sentence and conviction of second degree murder, during the commission of which defendant personally used a deadly weapon, and finding that he was legally sane when he committed the crime, are affirmed over defendant's claims error involving jury instructions where: 1) defendant did not object to either CALCRIM No. 362 or CALCRIM No. 3428 as given to the jury in this case, and while the instruction should have been modified, on this record, there was no miscarriage of justice nor were defendant's due process rights violated; and 2) there is no substantial evidence in this record indicating defendant did not actually form the intent to kill when he stabbed his mother ten times with a kitchen knife.

Appellate Information

• Published 2016/04/26

Judges

• HOCH

Court

• California Court of Appeal

Counsel