P. v. Acosta
A jury convicted defendant and appellant Johnny Acosta of first degree murder (count 1—Pen. Code § 187, subd. (a)).[1] The jury additionally found true allegations defendant personally used a deadly and dangerous weapon, a hammer, in committing the count 1 offense; had incurred two prior strike convictions; and two prior serious felony convictions. The court sentenced defendant to an aggregate term of incarceration of 81 years to life. On appeal, defendant contends the court erred in not instructing the jury with CALCRIM No. 627 on its own motion, and in not holding a constitutionally adequate Marsden hearing.[2] We affirm the judgment.
Comments on P. v. Acosta