Linkenauger
People v. Linkenauger
Opinion
Opinion
Yegan, J.
We again confront a situation that, unfortunately, is becoming all too common, domestic violence culminating in murder. We revisit our earlier opinion in People v. Zack (1986) 184 Cal.App.3d 409 [ 229 Cal.Rptr. 317 ] (Zack) and conclude that it remains “good law” after the California Supreme Court opinion in People v. Ewoldt (1994) 7 Cal.4th 380 [ 27 Cal.Rptr.2d 646 , 867 P.2d 757 ] (Ewoldt).
James Michael Linkenauger was convicted in a jury trial of first degree murder and sentenced to state prison for 25 years to life. (Pen. Code, §§ 187, subd. (a), 189.) The People’s theory was that appellant tortured and strangled his wife, JoAnn Linkenauger, following a two-year marriage punctuated by appellant’s use of physical force on her. Appellant contends that the trial court erred in admitting evidence of marital discord and his prior assaults upon his wife and failed to properly instruct the jury with respect thereto. We reject the contentions and affirm the judgment.
Charged Offense Facts
On January 18, 1993, Ventura County Deputy Sheriff Robert Hull found JoAnn Linkenauger’s body in a barranca near Highway 118. The barranca was approximately seven miles from the…