Echevarria

Statement of the Case

Appellant was charged with one count of murder, a violation of Penal Code section 187. It was further alleged that the offense was committed with the use of a firearm within the meaning of Penal Code sections 1203.06, subdivision (a) and 12022.5. After a jury trial, appellant was found guilty of second degree murder and the use of a firearm allegation was found to be true.

Statement of Facts

Appellant and Ms. Milligan had an ongoing relationship, that was either intimate (Ms. Milligan’s version) or more like a big brother (Ms. Palmetto’s version). (Ms. Palmetto is apparently appellant’s common law wife; see post.) During the course of this relationship Ms. Milligan met the victim. The victim told Ms. Milligan that he was in the movie industry. He indicated that he did the latex and makeup work on movies and that he could get her some work as an extra. Ms. Milligan, thereafter, met with the victim at his hotel room and posed for some photographs. Some of the photographs were taken of Ms. Milligan after the victim had applied latex to her semiclothed body.

Later in the month of June 1989, Ms. Milligan, at the request of the victim, returned to the…