The People v. Tilbury CA6

Filed 9/10/13 P. v. Tilbury CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H036579

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC930198)

v.

DANIEL LEE TILBURY,

Defendant and Appellant.

Defendant Daniel Lee Tilbury killed his ex-wife by shooting her seven times with a .50 caliber pistol. He was convicted by jury trial of first degree murder (Pen. Code, § 187), and the jury found true allegations that he had personally and intentionally discharged a firearm causing death (Pen. Code, § 12022.53, subd. (d)). On appeal, he first contends that his conviction must be reversed because there was insufficient evidence of malice. He also asserts that the trial court prejudicially erred in (2)…