P. v. Restivo
Filed 8/25/06 P. v. Restivo CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. CANDACE LYNN RESTIVO, Defendant and Appellant. | G035391 (Super. Ct. No. 02WF0395) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Frank F. Fasel, Judge. Affirmed as modified.
Richard A. Levy, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pamela Ratner Sobeck and David Delgado-Rucci, Deputy Attorneys General, for Plaintiff and Respondent.
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The state charged Gerald Pleshe (Gerald), Mike Ochoa, and defendant Candace Lynn Restivo with murdering Paula Joy Pleshe (Paula). After the defendants successfully moved to sever their trials, the jury returned a guilty verdict in each case. In defendant's case, the jury also returned true findings that the murder was committed by lying in wait and for financial gain. Defendant appeals from a judgment sentencing her to life in prison without the possibility of parole asserting claims of evidentiary, instructional, and sentencing error. We modify the abstract of judgment to correctly reflect defendant's actual and good conduct credits, but otherwise affirm the judgment.
FACTS
Paula lived in a condominium with her husband, Gerald, and L., her 12-year-old daughter by a prior relationship. The couple had acquired the condominium in 1978, before their 1980 marriage, taking title in joint tenancy. At that time, they agreed Paula would make the $16,000 down payment and Gerald would pay the monthly mortgage obligation until his payments equaled the amount of the down payment. After that, the couple would each pay one-half of the mortgage.
L. described the couple's relationship as alternating between times when â€
