People v. Ordonez CA5

INTRODUCTION

Erik Ordonez (appellant) shot and killed Jose Duran, Jr. A jury convicted appellant of second degree murder (Pen. Code, §§ 187, subd. (a), 189, subd. (b); count 1)1 with an enhancement for the intentional discharge of a firearm causing great bodily injury or death (§ 12022.53, subd. (d)), two counts of assault with a firearm (§ 245, subd. (a)(2); counts 2 and 3) and being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 4). Following trial, appellant admitted two prior strike convictions. (§§ 667, subd. (d)(1), 1170.12, subd. (b)(1).) The trial court sentenced appellant to 95 years to life in state prison. On appeal, appellant raises claims of instructional error, prosecutorial misconduct, sentencing error, and ineffective assistance of counsel. We conclude no error occurred and/or any presumed error was harmless. We affirm.

BACKGROUND

I. Testimony of Isabel Duran.

In April 2019, appellant and Isabel Duran (Isabel)2 had been married for 10 years. They lived together in an apartment with their two daughters, ages eight and 10. During the last two years of their marriage, appellant and Isabel argued frequently about appellant’s alcohol use.…