People v. Palomo CA4/2

I.

INTRODUCTION

Defendant and appellant, Jorge Palomo murdered his sister-in-law, A.R., with an

ax in his living room. He then went to his wife Jane Doe’s bedroom, ax in hand, where

she was laying on the bed while his two minor children, John and Jimmy Doe, were

playing video games. A physical altercation ensued between defendant, Jane Doe, and

John, which left Jane Doe with injuries. Defendant denied attacking them or intending to

hurt them, and claimed that Jane Doe’s injuries were an accident.

A jury convicted defendant of second degree murder for killing A.R. (Pen. Code, 1 § 187, subd. (a); count 1) and attempted voluntary manslaughter of Jane Doe (§§ 192,

subd. (a), 664; count 2). The jury found true the special allegations that defendant used a

deadly and dangerous weapon in the commission of counts 1 and 2 (§§ 12022, subd.

(b)(1), 1192.7, subd. (c)(23)), and that he personally inflicted great bodily harm on Jane

Doe (§ 12022.7, subd. (e)). The trial court sentenced defendant to a determinate term of

12 years, six months and an indeterminate term of 15 years to life.

On appeal, defendant argues the trial court prejudicially erred by failing to sua

sponte…