P. v. Cepeda
On the morning of February 19, 2009, defendant Ivan John Cepeda shot and killed his housemate and friend, Qaddafi Nick (Nick), a housemate and lifelong friend, while under the influence of methamphetamine.
A jury convicted defendant of first degree murder, including a firearm enhancement. (§§ 187, subd. (a); 1192.7, subd. (c)(8); and 12022.53, subd. (d).) Defendant admitted having one prison prior and one strike prior. (§§ 667.5, subds. (b), (c), (e)(1).) The court denied defendant's Romero[2] motion and sentenced defendant to a total prison term of 76 years to life.
On appeal, defendant argues the court erred by limiting defendant's cross-examination of the prosecution's expert toxicologist about the effects of methamphetamine use. Additionally, defendant contends he received ineffective assistance of counsel (IAC) involving the failure to request modification of CALCRIM Nos. 625 and 627 on voluntary intoxication and hallucination and the failure to request a limiting instruction concerning defendant's criminal predisposition. We reject these contentions and affirm the judgment.
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