P. v. Perez CA2/6
Manuel Jesus Perez appeals his conviction by jury of first degree murder (Pen. Code, §§ 187, subd. (a), 189) and arson of an inhabited dwelling (§ 451, subd. (b)). The evidence is uncontradicted. Appellant fatally stabbed his housemate, doused him with lighter fluid, and lit him on fire. In a bifurcated proceeding, the trial court found that appellant had a prior serious felony conviction (§ 667, subd. (a)) and four prior strike convictions (§§ 667, subds. (d)-(e), 1170.12, subds. (b)-(c)). Appellant was sentenced to 85 years to life state prison. Appellant contends, among other things, that the trial court erred in not modifying a CALCRIM No. 625 instruction on voluntary intoxication to address first degree murder by lying in wait. We affirm the judgment of conviction but remand for the limited purpose of allowing the trial court to exercise its discretion on whether to strike the five-year serious felony conviction enhancement pursuant to Senate Bill No.
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