P. v. Groh


Filed 3/9/11 P. v. Groh CA1/5


NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE


THE PEOPLE,

Plaintiff and Respondent, A124635

v. (Humboldt County
Super. Ct. No. CR083238S)
RODNEY JAY GROH,

Defendant and Appellant.
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A jury convicted appellant Rodney Jay Groh of murder (Pen. Code, § 187, subd. (a))[1] and the court sentenced him to state prison. Appellant's sole contention on appeal is the trial court erred by refusing to instruct the jury with CALJIC No. 3.40,[2] which pertains to causation in murder.
We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
The Incident
In 2008, Kathy Lynne Thibeault was living at the Budget Motel (motel) in Eureka. On the afternoon of May 22, 2008, she took a 40-ounce beer to the room appellant shared with George Giguere. She drank her beer and talked with the two men. Initially, things seemed â€