Simons

Defendant Michael Simon’s 17-year-old wife was brutally slain only four months after their marriage. She was shot twice in the chest by a shotgun at close range and left in the bushes. Her car had been burned. A jury found defendant guilty of first degree murder with special circumstances of lying in wait (Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(15)), assault with a deadly weapon (§ 245, subd. (a)(1)), and arson (§451, subd. (d)). The jury also found defendant personally discharged a firearm in the commission of the murder (§ 12022.53, subd. (d)). The trial court sentenced defendant to an aggregate term of life without the possibility of parole, plus 25 years to life.

On appeal, defendant contends the trial court erred in admitting the statement he made to police during an interview. He also contends the trial court erred prejudicially by not instructing the jury that he could not be found guilty of the arson of his own property. In the published portion of the opinion, we reject these contentions. Defendant also contends the trial court erred by instructing the jury with CALJIC No. 6.11 on conspiracy. We reject this contention in the unpublished portion of the…