Castro

Certified for Partial Publication. [*]

Following a jury trial, defendant Andres Juarez Castro was convicted of one count of first degree murder and it was found true that he personally used a deadly weapon in the commission of that offense. (Pen.Code, §§ 187, subd. (a) & 12022, subd. (b)(1). [1] ) He was sentenced to an indeterminate term of 25 years to life, plus a consecutive determinate term of one year for the enhancement. He appeals contending that the judgment must be vacated on grounds of double jeopardy, the trial court erred in instructing the jury, and there were errors in his sentence.

Shortly after midnight, in the early morning hours of October 7, 1997, the body of 81-year-old Enrique Baca was found by firefighters responding to a fire. Defendant had stabbed Mr. Baca numerous times on the right side of the neck causing hemorrhaging and death. Defendant killed Mr. Baca because he would not disclose where defendant's wife and child could be found.

During defendant's arraignment on June 1, 1998, a public defender was appointed as his counsel. The matter was originally called for trial on August 13. On August 31, the fifth day of trial, the public…