P. v. Anselmo CA6
Defendant Florencio Adan Anselmo was convicted by a jury of first degree murder by lying in wait, with the special circumstance of lying in wait and an additional finding that he personally used a deadly weapon, a knife. (Pen. Code, §§ 187, subd. (a); 190.2, subd. (a)(15); 12022, subd. (b)(1).) On appeal, he contends that (1) insufficient evidence supported the jury’s finding of premeditation and deliberation; (2) insufficient evidence supported the jury’s finding of lying in wait, both as to the theory of first degree murder and as a special circumstance; (3) he received insufficient advisement of his Miranda rights before he confessed to killing the victim; (4) the trial court erred in giving CALCRIM No. 3428, which limited the jury’s use of evidence that defendant was mentally impaired; and (5) the court erred in instructing the jury on lying in wait with CALCRIM Nos. 521 and 728. He further asserts that the cumulative effect of these errors produced an unreliable verdi
Comments on P. v. Anselmo CA6