P. v. Russell CA2/6
In 1979, Alma Zuniga was stabbed, raped and shot to death then buried in a shallow grave. Her assailant remained unknown until 2012, when police received information that caused the “cold case” to be reopened and DNA specimens examined. John Clark Russell was identified as the perpetrator through a DNA match. He appeals after a jury convicted him of first degree murder (Pen. Code, §§ 187, 189). The jury also found true allegations that (1) appellant personally used a firearm and a dangerous and deadly weapon in committing the offense (§§ 12022, subd. (b), 12022.5, subd. (a)(1)); and (2) the murder was willful, deliberate, and premeditated and was committed during the commission of a kidnapping (§ 190.2, former subd. (c)(3)(ii), now subd. (a)(17)(B)) and rape (id., former subd. (c)(3)(iii), now. subd. (a)(17)(C)). The trial court sentenced him to life without the possibility of parole plus three years. The court also ordered him to pay, among other things, a $10,000 rest
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