P. v. Musser
Garren Vance Musser appeals the judgment following his conviction for first degree murder. (Pen. Code, §§ 187, subd. (a)/189.)[1] The jury found to be true a special circumstance allegation that the murder was committed while lying in wait (§ 190.2, subd. (a)(15)) and an allegation that Musser personally used a deadly weapon (§ 12022, subd. (b)(1)). Musser was sentenced to life without possibility of parole, plus a consecutive one-year term for the weapon enhancement. He contends that the trial court erred by limiting expert testimony, that the prosecutor committed misconduct, and that there was insufficient evidence to support the lying in wait special circumstance. He also claims that California's death penalty statute is unconstitutional and that his sentence constituted cruel and unusual punishment. We affirm.
Comments on P. v. Musser
I am the cousin to Lisa Zaxueta whom I loved very much, I just now seen this for the first time and it sickens me and breaks my heart, reading how severe her neck was cut. The death penalty was well deserved and I wish he would have gotten it.