Hood

After his first trial resulted in a hung jury, James Newman Hood was convicted, following a second trial, of first degree murder (Pen. Code, § 187), during which he used a handgun (Pen. Code, § 12022.5, subd. (a)). He was sentenced to prison for four years, plus twenty-five years to life, and appeals, claiming evidence was improperly admitted, the prosecutor committed misconduct during argument to the jury, and his new trial motion should have been granted. We reject his contentions and affirm.

Facts

Hood and his business partner owned and managed, inter alia, an office complex in Bloomington. The victim had worked for Hood as a construction worker and foreperson. During his employment, the victim had been charged with killing Hood’s wife in Tulare County. He was tried for the crime and acquitted in 1990. In January 1992, the victim and a cohort burglarized two of the offices at the complex, taking valuable construction equipment. They then attempted to extract money from Hood and his partner for the return of the equipment. The cohort was eventually arrested for his participation in the offense, and the police were eager to speak to the victim about his activities.

On…