Celis

Isabel Celis appeals from the judgment entered following her conviction by a jury of the first degree murder of Norma Barto. (Pen. Code, §§ 187, subd. (a), 189.) The jury found two allegations to be not true; a lying-in-wait special-circumstances allegation (§ 190.2, subd. (a)(15)) and an allegation that appellant had personally used a deadly or dangerous weapon. (§ 12022, subd. (b).) She was sentenced to prison for 25 years to life.

Appellant contends that the trial court erred in failing to instruct the jury sua sponte on when a murder is complete, on the defense of mistake of fact, and on proximate cause. Appellant also contends that the trial court erroneously excluded evidence that would have supported the credibility of a defense witness. We affirm.

Facts

The body of Norma Barto was discovered at a dump site on December 2, 2003. Barto had severe head injuries. A 65-pound concrete block with blood on it was found about a foot away from her head.

Dr. Fred Walker performed an autopsy. He found 19 scalp lacerations. Most of the lacerations were consistent with blows from “a rod-like structure,” a thin pipe, or a tire iron. He opined that certain injuries to Barto’s…