Arellano
People v. Arellano
Opinion
Opinion
Klein, J.
Defendant and appellant, Servando Arellano, appeals from the judgment entered following his conviction, by jury trial, for special circumstances murder (lying in wait), premeditated attempted murder, making criminal threats (5 counts), disobeying a restraining order (4 counts), and stalking, with firearm-use enhancement findings (Pen. Code, §§ 187, 190.2, subd. (a)(15), 664, 422, 273.6, 646.9, 12022.5, 12022.53). Sentenced to state prison for life without possibility of parole, plus 49 years and 8 months to life, he contends there was trial and sentencing error.
The judgment is affirmed as modified.
BACKGROUND
Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ]), the evidence established the following.
1. Prosecution evidence.
Angelica Arellano married defendant Servando Arellano in 1997, when she was 17 years old. After having a son, they separated sometime around September 2001. Angelica ultimately went to live at her parents’ house, on 81st Street, just before the Arellanos’s second son was bom. Angelica lived with her parents until she was murdered on June 8,…