P. v. Palacio
A jury convicted Tomas Heriberto Palacio of deliberate and premeditated attempted murder (Pen. Code,[1] 187, subd. (a); 664), assault with a deadly weapon ( 245, subd. (a)(1)) and corporal injury to a domestic partner ( 273.5, subd. (a)). As to each count, the jury found that Palacio inflicted great bodily injury ( 1192.7, subd. (c)(8), 12022.7, subd. (e)) and personally used a deadly and dangerous weapon ( 1192.7, subd.(c)(23), 12022, subd.(b)(1)). The court sentenced Palacio to life in prison with the possibility of parole plus six years.
Palacio appeals, contending the court erred by failing to sua sponte instruct the jury as to CALCRIM No. 375, instructing the jury that it must consider evidence of appellant's prior suicide attempt only for the purpose of establishing motive in this case. Furthermore, Palacio contends that counsel was ineffective for failing to request the instruction and therefore was prejudiced by this error. Court find no prejudicial error and affirm the judgment.
Comments on P. v. Palacio