Sizemore

A jury found defendant guilty of solicitation of Mark Tatum (Tatum) to commit the murder of Judith Sizemore (count 4; Pen. Code, § 653f, subd. (b)); defendant was sentenced to the upper term of nine years in state prison and ordered to pay a restitution fine. On appeal from the judgment, defendant claims error in admission of evidence and in instructing the jury; he also challenges the sufficiency of the evidence.

After about 18 years of marriage to defendant, a Los Angeles County Fire Captain, Judith Sizemore wanted a divorce from defendant because he had had several affairs with other women and had been involved in criminal activity. The couple had two sons; defendant earned about $7,000 per month. Judith Sizemore hired a divorce lawyer on March 21, 1996; her lawyer was seeking a "kick-out" order to get defendant out of their house immediately. In February 1996, she and defendant had an argument about the divorce; she socked defendant in the arm, and defendant slapped her face. About March 19 or 20, 1996, in another argument about the divorce, she threw water from a glass in defendant's face, and he grabbed her tightly by her arms and held her against the kitchen…