P. v. Carrillo-Garcia
On Mother’s Day 2008, three mothers awoke to a horrific tragedy. Broken hearted, 18-year-old defendant Reyes Carrillo-Garcia stabbed his ex-girlfriend, Jennifer Carrigan, eight times and her new boyfriend, Steven Furtado, 35 times in Jennifer’s bedroom. The prosecution argued the murders were premeditated and committed while lying in wait for his unsuspecting victims; the defense argued he was guilty of voluntary manslaughter, not murder. The jury convicted him of two counts of first degree murder with the special circumstance of lying in wait.
On appeal defendant claims his confession was involuntary and his lawyer was ineffective for failing to request an instruction encouraging the jury to consider provocation in determining the degree of the murders. He also alleges a series of instructional errors. To preserve his right to a federal appeal, he raises three arguments he acknowledges are nonmeritorious in California. The grief occasioned by this case is unfathomable; the legal issues, however, are straightforward and without merit. We affirm.
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