Jantz

Roger Wayne Jantz was convicted of first degree murder (Pen. Code, §§ 187, 189), stalking (§ 646.9, subd. (a)), and making a criminal threat (§ 422). In a bifurcated sanity trial, the jury found that Jantz was sane when he committed the offenses. He was sentenced to prison for 25 years to life for the murder, plus three years for stalking and one year for personal use of a deadly and dangerous weapon in the murder. (§ 12022, subd. (b)(1).) Jantz claims instructional error. He contends the trial court erred by instructing the jury on murder by lying in wait, failing to give a unanimity instruction for the stalking and criminal threat offenses, and failing to instruct the jury that his statements to experts during the sanity trial could be considered to show the basis for the experts’ opinions but not for their truth. We conclude that the trial court erred by failing to give a limiting instruction regarding his statements to the experts, but that the error was not prejudicial. We reject Jantz’s other contentions. Accordingly, we affirm.

FACTS

Appellant Jantz and victim Erika Jantz were married in 1994. In March 2002, Erica told Jantz that she wanted a divorce. Jantz…