Campbell

John Campbell was convicted of first degree murder (Pen. Code, § 187) and mayhem (§ 203) of Patricia Pekny. He contends the trial court erred in denying his request to evaluate his competency to stand trial; there was insufficient evidence to support instructions on felony murder and murder by torture; the Penal Code and the instructions do not adequately distinguish between murder with express malice and voluntary manslaughter; the instruction regarding the order in which the jury should render verdicts on the homicide offenses was improper; and he was prejudiced when the trial court preinstructed only on the elements of first degree murder and not on the lesser homicide offenses. We affirm the judgment.

I

Campbell met Pekny in February 1984, began a romantic relationship, and moved in with her. Around the end of May or beginning of June 1985, they decided not to live together. He moved out at the end of July but they maintained contact by telephone. On August 3, according to Campbell, they had a telephone conversation during which they reaffirmed their love for each other and confirmed that neither of them was romantically involved with anyone else, but decided they…