P. v. Jiminez
Appellant Salvador Jiminez, Jr. was found guilty, following a jury trial, of special circumstance murder and burglary. On appeal, he contends: (1) the trial court erred in failing to instruct the jury sua sponte with CALJIC Nos. 2.71 and 2.71.7, which advise the jury to view with caution statements attributed to the defendant; (2) the trial court erred when it failed to instruct sua sponte with CALJIC Nos. 3.10, 3.14, 3.18 and 3.19, regarding accomplice distrust, where key witnesses were arguably accomplices; (3) the trial courts determination that the appropriate punishment was life in prison without the possibility of parole, rather than 25 years to life in prison, was made under a mistaken understanding of the applicable statute, Penal Code section 190.5, subdivision (b); and (4) in sentencing appellant, the presentence report failed to evaluate the proper penalty, the trial court failed to consider relevant mitigating factors, and defense counsel was ineffective for failing to point out the courts sentencing errors. Court affirm the judgment.
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