P. v. Wheeler
Defendant was drugged, bound, and garroted; his dead body was then thrown in the swimming pool in his backyard. The evidence, although circumstantial, indicated that his wife, defendant, either killed him or had him killed so that she could obtain the proceeds of his life insurance (and possibly also because she was having an affair).
A jury found defendant guilty of first degree murder (Pen. Code, 187, subd. (a), 189), with a financial gain special circumstance (Pen. Code, 190.2, subd. (a)(1)). She was sentenced to life in prison without the possibility of parole. She appeals, contending the trial court erred by:
1. Improperly excluding evidence in reliance on the principles concerning evidence of third party culpability stated in People v. Hall (1986) 41 Cal.3d 826 (Hall).
2. Admitting evidence of prior bad acts.
3. Imposing a parole revocation restitution fine.
The People concede that the parole revocation restitution fine was erroneous. Court agree. Court modify the judgment accordingly. Otherwise, for the reasons stated below, Court reject defendants contentions, and Court affirm.
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