Rangel

Introduction

Rogelio Hamilton Rangel appeals his conviction, following a jury trial, of the first degree murder of Sandra Flores (Pen. Code, § 18V) and of the attempted voluntary manslaughter of Maria Reynaga (§§ 664, 192, subd. (a)). The jury further found as to each offense that appellant personally used a firearm within the meaning of section 12022.5, subdivision (a), and that he inflicted great bodily injury upon Reynaga (§ 12022.7). He was sentenced to an indeterminate term of 25 years to life for first degree murder, plus 4 years for the firearm use allegation. The court also imposed a concurrent term of nine years for the attempted voluntary manslaughter and enhancements.

Appellant contends reversal is required as (1) the trial court failed to instruct the jury sua sponte that evidence of an oral admission should be viewed with caution and (2) appellant was denied due process by the trial court’s erroneous exclusion of the opinion of his expert witness as to whether appellant actually formed the intent to kill.

Statement of Facts/Statement of the Case

On April 8, 1990, appellant, a 67-year-old man, shot and killed his 26-year-old former girlfriend, Sandra…