Halsey

Charged with murder (Pen. Code, § 187; unless otherwise noted, statutory references are to the Penal Code), appellant was convicted by a jury of voluntary manslaughter (§ 192, subd. (a)) while using a firearm (§ 12022.5). He was sentenced to state prison for 10 years.

Appellant contends the trial court erred: (1) by giving a statute (Evid. Code, § 1103) ex post facto application, (2) by admitting evidence of appellant’s interest in guns, (3) by admitting “non-admission” statements of appellant, and (4) by excusing a trial juror without good cause.

We find no error and affirm the judgment.

Factual Background

There being no insufficiency of evidence claim we synopsize the facts.

David Halsey (appellant), Jeff Logan (the victim), Tim Dilworth, Tom Cannon, and Tommy Canup were members of a band called “Kamikaze Saloon.” They all lived in South Carolina. In July 1990, to better the band’s chances, the five band members moved to California, initially living in apartment 4, 19543 Victory Boulevard, Van Nuys. Babette Merck, appellant’s girlfriend, her five-year-old son, and Amy Collins, Tommy Canup’s girlfriend, soon joined them.

By September 1990, only Tim Dilworth and the…