P. v. Sims
Defendant, an immigration lawyer who suffers from mental illness, killed her husband, Henry Sims, and then represented herself at trial. A jury convicted her of first degree murder and also found true the alleged firearm enhancements. ( 187, subd. (a); 12022.5, subd. (a); and 12022.53, subd. (d).) The court sentenced defendant to two consecutive sentences of 25 years to life and stayed the sentence for the enhancement under section 12022.5, subdivision (a). ( 654.)
On appeal, defendant charges the court committed evidentiary, instructional, and sentencing error. She objects to the admission of two prior acts of domestic violence from 1992 and 1995. (Evid. Code, 1109.) She contends the court should have given sua sponte Judicial Council of California Criminal Jury Instructions (2007-2008), (CALCRIM) No. 627 about hallucinations. She argues the court should have stricken, rather than stayed, the sentence for the second firearm enhancement. In supplemental briefing, she asserts she was not competent to represent herself. Court affirm the judgment.
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