P. v. Pappas
A jury convicted Jason Rutan Pappas, Jr. of second degree murder (Pen. Code,
§ 187, subd. (a)); recklessly evading a police officer (Veh. Code, § 2800.2); driving while under the influence (Veh. Code, § 23152, subd. (a)) and driving while intoxicated with a blood alcohol concentration over 0.08 percent (Veh. Code, § 23152, subd. (b)). In bifurcated proceedings, the trial court found true allegations that Pappas had incurred one strike prior as a juvenile, and subsequently incurred five prior offenses. The court sentenced Pappas to 32 years to life in state prison as follows: fifteen years for the second degree murder conviction, doubled because of his prior juvenile adjudication plus two years for evading a police officer.
Pappas contends: (1) the trial court erroneously declined to instruct the jury with his proffered pinpoint instruction regarding malice; (2) the prosecutor committed misconduct in closing arguments; (3) the jury committed misconduct; (4) the cumulative effect of the errors deprived him of his rights to due process and a fair trial; and (5) the trial court improperly relied on his prior juvenile adjudication to enhance his sentence. We affirm.
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