Walton

A jury convicted appellant of second degree murder (Pen. Code, § 187; statutory references, unless otherwise noted, are to the Penal Code) and found true a personal use of a knife allegation (§ 12022, subd. (b)). Appellant admitted a prior felony conviction allegation (§§ 667, subd. (a), 667.5, subd. (b)).

Appellant contends the trial court erred in its evidentiary rulings, in its instruction defining malice, and in not appointing an advisory attorney. Appellant also contends the prosecutor committed misconduct.

In the consolidated habeas corpus petition additional errors are claimed.

We find no prejudicial error, deny the habeas corpus petition, and affirm the judgment.

Factual Background

There being no insufficiency of evidence claim, the facts may be stated simply. Our perspective favors the judgment. (People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ].)

About 3:45 p.m. on April 21, 1992, appellant boarded a bus at LaBrea and Venice in Los Angeles. The bus was crowded with high school students and other passengers. Appellant walked to the rear of the bus and remained standing. A short time later, Victor Fuerte boarded the bus,…