Defendant and Velda met while in treatment for alcohol and substance abuse. In early 2012, Velda’s adult daughter, G.N., moved in with them in their house on Greystone Road in San Bernardino. (Magee I, supra, E070429, at p. 2.)

In the summer of 2012, defendant began having frequent seizures. Defendant resumed drinking alcohol again around the same time. Velda told him he was drinking too much and threw away or poured out his alcohol. Velda told a neighbor that she wanted a restraining order against defendant and that her marriage with defendant was failing. She also informed her neighbor that she wanted a divorce because of defendant’s drinking and that she had changed the locks because she was afraid of defendant. (Magee I, supra, E070429, at p. 3.)

G.N. believed that Velda was doing “something” to cause defendant’s seizures. G.N. told defendant she thought his seizures were caused by Velda poisoning him. G.N. also thought that Velda did not care about defendant’s seizures or his health. G.N. believed Velda sought to recover on an insurance policy on defendant that she had recently increased. G.N. told defendant Velda “wanted him dead,” and that he should move out of the Greystone residence because G.N. feared for his life. She also told defendant she suspected that Velda was having an affair. Shortly afterward, in early August 2012, defendant moved in with his sister, A.M. (Magee I, supra, E070429, at p. 3.)

On the morning of September 1, 2012, defendant called G.N. and told her he was at the Greystone residence.^[1] A.M. could not get a hold of defendant, so she called their sister, R.M., who lived closer to the house, to check on him. When R.M. arrived, defendant was drunk and emotional. R.M. stayed with him until the evening. (Magee I, supra, E070429, at p. 3.)

The next morning, G.N. spoke with defendant. He was angry, and told G.N. he wanted to hurt and kill Velda. He said multiple times during their conversation that he was going to kill Velda. Defendant also said he had talked to friends who worked in the judicial system and law enforcement about what would happen to him if he killed Velda. (Magee I, supra, E070429, at p. 4.)

Around 4:30 p.m., the police were dispatched to the Greystone residence in response to a reported stabbing. Defendant had called 911 and said: “I just killed my wife.” “I’m hoping she’s dead.” “I killed her with a knife.” “I just killed her.” “She was cheatin’ on me and I killed her.” “She’s laying here on the floor bleedin’ to death.” “I stabbed her all over.” (Magee I, supra, E070429, at p. 4.)

The responding officers took defendant to the hospital for treatment for the injuries he sustained while stabbing Velda. On the way there, defendant said to the officers, “Crime of passion . . . . Crime of [p]assion.” “[L]istening to her kids, cheating on me.” “I’m guilty all the way. She claimed my heart.” “I did not want to do nothing like that.” “Crime of passion. She’s dead. Aww, dead.”^[2] While at the hospital, defendant told medical personnel that he had been injured when stabbing his wife. (Magee I, supra, E070429, at p. 4.)

A jury convicted defendant of second degree murder (§ 187, subd. (a)) for killing his wife. The jury also found true

^[1] Defendant had access to the house because G.N. had made him a key after Velda changed the locks.

^[2] Defendant’s statements while in the patrol car were recorded and the audio was played for the jury.