P. v. Salazar
Filed 10/19/10 P. v. Salazar CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff
and Respondent,
v.
STANLEY ROSS
SALAZAR,
Defendant
and Appellant.
E049245
(Super.Ct.No.
FVI017554)
OPINION
APPEAL
from the Superior Court
of San Bernardino
County. Rodney A.
Cortez, Judge. Affirmed as modified.
Allen
G. Weinberg, under appointment by the Court of Appeal, for Defendant and
Appellant.
Edmund
G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney
General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Robin
Derman, Deputy Attorneys General, for Plaintiff and Respondent.
A jury convicted defendant Stanley
Ross Salazar of first degree murder
(Pen. Code, § 187, subd. (a))[1] and found true an allegation that appellant
had personally used a knife (§ 12022, subd. (b)(1)). Salazar challenges this conviction and the
25-years-to-life prison sentence for first degree murder and an additional
determinate term of one year for the knife allegation, contending: 1) the trial
court erred when it denied Salazar's motion for a mistrial after a prosecution witness said on the witness
stand that when he first met Salazar, Salazar had told him he had just gotten
out of jail; and 2) insufficient evidence supports the jury's finding that the
murder was willful, deliberate and premeditated. As discussed below, we affirm the conviction
but order a reduction in the court security fee to that authorized by statute.
Early in the morning of August 4, 2003, the victim, Michael Slimak, saw or heard someone come
into his fenced yard and slash the tires on the truck of his fiancée, Judy
Gardella. Slimak woke up Gardella and
told her to call the police. Gardella
did so at 1:49
a.m. Slimak went outside, got in his own truck,
and drove down the street to a house on the corner where a group of teenagers
was gathered in the yard. Slimak asked
if anyone knew who had slit the tires.
One of the people said, â€
| Description | A jury convicted defendant Stanley Ross Salazar of first degree murder (Pen. Code, § 187, subd. (a))[1] and found true an allegation that appellant had personally used a knife (§ 12022, subd. (b)(1)). Salazar challenges this conviction and the 25-years-to-life prison sentence for first degree murder and an additional determinate term of one year for the knife allegation, contending: 1) the trial court erred when it denied Salazar's motion for a mistrial after a prosecution witness said on the witness stand that when he first met Salazar, Salazar had told him he had just gotten out of jail; and 2) insufficient evidence supports the jury's finding that the murder was willful, deliberate and premeditated. As discussed below, Court affirm the conviction but order a reduction in the court security fee to that authorized by statute. |
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