P. v. Scharf

Filed 4/24/06 P. v. Scharf CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 977 .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

THIRD APPELLATE DISTRICT

(El Dorado)

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A jury found defendant Glyn Wolfgang Scharf guilty of first degree murder of his soon-to-be ex-wife, Jan Scharf,^[1] who disappeared without a trace in May 2002. On appeal, defendant raises numerous claims of trial court error and prosecutorial and judicial misconduct, as well as contending the evidence was insufficient to support his conviction. Because we find no basis for reversal, we will affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Jan, an emergency room nurse, and defendant, a paramedic, were married in December 1988. In October 2001, Jan initiated divorce proceedings, but she and defendant continued to share a house in Cameron Park as the divorce proceeded. Sometime before Christmas 2001, defendant called Jan's daughter, Aimee Bautista, crying because he still loved Jan and did not want the divorce. He also told Jan that he wanted to work it out and that if he could not have her, no one could.

Around May 8, 2002, Jan's divorce attorney sent a letter to defendant with a proposed marital settlement agreement, which, if signed by the parties, would have been incorporated into a judgment for divorce, thus ending the Scharfs' marriage. Less than a week later, shortly before 8:00 p.m. on Tuesday, May 14, Jan spoke with Terrance Koch, a man she was dating, on her cellular phone as she drove home from work. Around 8:00 p.m., Leni Pink, who lived next door to the Scharfs, heard a woman's loud scream coming from the Scharfs' driveway, followed by the woman saying loudly, â€