Lerma

A jury convicted Ricardo Lerma of two counts of second degree murder (Pen. Code, § 187, during which he used a knife (Pen. Code, § 12022, subd. (b)). The jury also found the special circumstance of multiple murder to be true. (Pen. Code, § 190.2, subd. (a)(3).) In bifurcated proceedings, Lerma admitted that he had suffered two prior convictions. (Pen. Code, § 667.) He was sentenced to prison and appeals, claiming error in the jury instructions, the admission of evidence, one of the knife use findings, and the imposition of a restitution fine. We reject his contentions and affirm, while directing the trial court to correct an error in the abstract of judgment.

Facts

The two victims, who were brothers, lived together in a small house in Perris. Lerma was staying with them. All three men used drugs, and at one point Lerma had sold drugs to the older brother.

On the night of February 13, 1992, Lerma stabbed the younger brother in the abdomen with a knife, which penetrated to the victim’s spine. Lerma then stabbed the older brother twice before hitting him three times with a club. The younger brother made it to the home of a neighbor, where he identified Lerma as his…