People v. Gunnarsson CA5

INTRODUCTION

In 2023, a jury convicted appellant Daniel Gunnarsson of first degree murder (Pen. Code, § 187, subd. (a);1 count 1) for the stabbing death of Kathryn Pham. The jury found true that appellant personally used a deadly weapon during this murder. The jury also convicted appellant of mutilating Pham’s corpse (Health & Saf. Code, § 7052, subd. (a); count 2).2 Appellant received an indeterminate prison term of 25 years to life, plus a consecutive one-year for the deadly weapon enhancement, plus a consecutive determinate term of 16 months. Appellant raises claims of instructional and evidentiary errors. We reject his arguments on their merits and find any presumed errors to be harmless. We affirm.

BACKGROUND

Appellant does not challenge the sufficiency of the evidence supporting his judgment. We summarize the material trial facts.

I. Appellant’s Relationship with Pham.

Appellant was in a romantic relationship with Pham. They were seeing each other for about one month before this murder occurred. On or about the day before this homicide, appellant and Pham had a dispute or argument. Appellant appeared distraught and possibly suicidal. On the morning of this homicide,…