P. v. Torre
Defendant killed Bryan Richards for the $1 million life insurance policy that would allow defendant and his lover, Bryans wife, to be set up . . . very nicely. A jury found defendant guilty of first degree murder and found true the special circumstance alleged that the murder was carried out for financial gain. (Pen. Code, 187, subd. (a) & 190.2, subd. (a)(1)).
On appeal, defendant argues that (1) the trial court should have instructed on manslaughter and self-defense, (2) the trial court should not have instructed on consciousness of guilt, and (3) the trial court erroneously imposed a parole revocation fee when defendant has been sentenced to life without the possibility of parole. We conclude there was insufficient evidence to give manslaughter and self-defense instructions. Even if we were to assume there was substantial evidence to give self defense and lesser-included offense instructions, the result would have been the same under any standard of review because the jury found the murder was committed for financial gain. We also conclude that the trial court correctly gave CALJIC No. 2.03 (consciousness of guilt) instructions. However, we find that the jury should not have been given CALJIC No. 2.04 (efforts by defendant to fabricate evidence), as there was no evidence supporting that instruction. Erroneously giving CALJIC No. 2.04 was harmless under any standard as the jury would not have been confused by it. Finally, Court determine that the trial court incorrectly imposed a parole revocation fine when defendant was sentenced to life without the possibility of parole. Court strike that fine, modify the judgment accordingly, and affirm the judgment as modified.
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