P. v. Lozano

Filed 1/31/07  P. v. Lozano CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

            APPEAL from a judgment of the Superior Court of Tulare County.  Joseph A. Kalashian, Judge.

            Sandra Uribe, under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Stanley Cross, Assistant Attorney General, Kathleen A. McKenna and Lloyd G. Carter, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

            A jury convicted appellant Sabino Lozano of murdering his daughter-in-law and attempting to murder his wife.  He contends the judgment should be reversed because of instructional error and prosecutorial misconduct.  We will affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

            On April 16, 2005, Delfina Ibarra was preparing to take her mother-in-law, Rogasiana Medina, to a clinic for treatment of high blood pressure.  Lozano, Medina's husband, did not want them to leave because he believed his wife was having an affair and was headed to a tryst with her alleged lover, not a clinic. 

            When the two women refused to get out of their van, Lozano warned them â€