P. v. Marin
Fidelio Salazar Marin appeals from the judgment entered after a jury found him guilty of second degree murder and found true an allegation that he personally used a knife during the commission of the murder, within the meaning of Penal Code section 12022, subdivision (b)(1).[1] Marin contends: (1) there was insufficient evidence the killing was not committed during the heat of passion and, therefore, we should reduce his conviction to voluntary manslaughter; (2) the trial court erroneously permitted the prosecution to present a “cleaned up†English translation of a letter he wrote in Spanish immediately after the killing; and (3) we must strike the $200 restitution fines imposed under sections 1202.4 and 1202.45 because the court failed to orally pronounce judgment on the matter. We agree the restitution fines must be stricken, but otherwise reject Marin’s contentions and affirm the judgment as modified.
Comments on P. v. Marin