P.

Filed 7/15/13 P. v. Rhinehart CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C067952

Plaintiff and Respondent, (Super. Ct. No. 07F06857)

v.

LAMONT LEE RHINEHART,

Defendant and Appellant.

Defendant Lamont Lee Rhinehart and Avery Polk dated for many years and had a child together. In July 2007 Avery was found stabbed to death in her home. An information charged defendant with murder, and alleged the personal use of a dangerous weapon and the commission of a murder while engaged in the commission of a rape. A jury found defendant guilty of murder and found the allegations true. Sentenced to life in prison without the possibility of parole, defendant appeals, contending (1) the court…