Alvarado

—Defendant was convicted by a jury of second degree murder. He seeks reversal based on alleged instructional errors and abuse of discretion in admitting photographs of the victim’s corpse. We find no merit in these arguments and, therefore, affirm the conviction.

Facts

Defendant and the victim, apparently, were members of rival gangs. At about 11:30 one night defendant found the victim on defendant’s turf. He chased him into the restroom of a restaurant and stabbed the victim five times. The fatal blow was a stab to the victim’s head which penetrated his skull and brain.

A witness for the defense, Ms. Lopez, testified on the day of the killing defendant and her brother brought a 12-pack of beer over to her house at about 10 or 10:30 in the morning. They consumed that 12-pack and, in the early afternoon of the same day, they bought and drank another 12-pack. Ms. Lopez further testified that when defendant left her house at approximately 5 p.m. he was drunk but walking “very well.” Ms. Lopez next saw defendant at approximately 2 a.m. the next morning. He seemed to her to be in the same condition as when he left the previous afternoon.

There was no evidence as to how…