People v. Menzies CA3

Filed 9/28/15 P. v. Menzies CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte) ----

THE PEOPLE, C074987

Plaintiff and Respondent, (Super. Ct. No. CM035163)

v.

JEFFREY JAMES MENZIES,

Defendant and Appellant.

Defendant Jeffrey James Menzies was convicted by a jury of murder, with findings of lying in wait for his victim and personally discharging a firearm in the commission of the crime. On appeal, defendant contends the trial court erred (1) by admitting evidence obtained as a result of an unlawful detention and (2) by improperly permitting an unduly prejudicial video to be played for the jury. He also (3) contends the lying-in-wait special circumstance instruction and finding violate Eighth Amendment

1 principles,…