Salazar

After a jury trial appellant was convicted of first degree murder and was sentenced to state prison.

Sixteen-year-old Richard Burton lived with his mother in an apartment on Lubec Street in Bell Gardens. They kept a .22 caliber revolver with a six-inch barrel and wooden handle in the house, underneath his mother’s bed. Richard was acquainted with appellant, who was 18. On the evening of April 26, 1976, Richard showed the gun to appellant.

About 5 p.m. the following day, April 27, Richard and his friend, Rocky Catón, the victim, were at Richard’s apartment. Appellant and John Vega, who was 15, were at the front door. When Richard answered the door, appellant asked for the gun. Richard replied that he did not have one. Appellant forced his way through the door and went inside. Richard fell to the couch and Rocky ran to the kitchen. Appellant told Vega to go to the kitchen and bring Rocky back into the living room, which he did. Appellant had a box cutter, a device with a razor blade, in his hand. Appellant held the box cutter over Richard and said he would cut Richard’s throat if he did not tell where the gun was. Richard told appellant the gun was under the bed mattress…