Warner

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] OPINION Douglas William Warner commenced a romantic relationship with his next door neighbor while she was engaged in bitter child custody litigation with her husband, who later accused Warner of abusing the couple's child. His arrest at his apartment in front of his friends infuriated him. The court dismissed the charges against him for lack of evidence, but he felt depressed and distraught at losing his chance to have his day in court. Weeks later, he killed her husband with a shotgun blast to the chest. After trial by jury, the court imposed an aggregate sentence of 50 years to life (a 25-year-to-life term for first degree murder (§ 187, subd. (a) 1 (consecutive to a 25-year-to-life term for personal and intentional discharge of a firearm proximately causing great bodily injury or death (§ 12022.53, subd. (d)) (subdivision (d)) and imposed and stayed a consecutive four-year (middle) term for personal use of a firearm (§§ 654, 12022.5, subd. (a) (subdivision (a)). On appeal, Warner argues (1) that Judicial Council of California Criminal Jury…