Jones

A jury convicted defendant Toby Kirk Jones of first degree murder (Pen. Code, § 187). In an earlier appeal, this court filed an unpublished opinion on April 26, 1990, reversing the judgment of conviction because of instructional error. (People v. Jones (Apr. 26, 1990) E006297.)

In the new trial on remand, a jury convicted Jones of second degree murder, and the court sentenced him to 15 years to life. Jones now contends the trial court erred in (1) failing to instruct on the lesser related offense of accessory after the fact; (2) excluding evidence of his girlfriend’s history of drug use and prostitution; (3) giving prosecution instructions that focused the jury’s attention on specific evidence rather than on general legal theories; and (4) allowing inflammatory photographs of the victim to go to the jury.

Facts

The victim, Marion Lee Usher, 67 years old in 1988, subsisted on Social Security payments. He became acquainted with Jones and his girlfriend, Denise Davis, at the. restaurant where Jones worked. Jones and Davis learned that Usher was sleeping in the park, and they invited him to stay with them. He lived with them for the next few weeks, paying $100 a month for…