People v. Duarte CA3

Filed 2/26/13 P. v. Duarte 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Sacramento) ----

THE PEOPLE, C069087

Plaintiff and Respondent, (Super. Ct. No. 08F06621)

v.

JOSE CAMDELARIO DUARTE,

Defendant and Appellant.

Following a jury trial, defendant Jose Camdelario Duarte was convicted of first degree murder (Pen. Code, § 187, subd. (a))1 with a deadly weapon enhancement (§ 12022, subd. (b)(1)) and arson of an inhabited structure (§ 451, subd. (b)). The trial court sentenced defendant to 34 years to life in state prison.

1 Undesignated statutory references are to the Penal Code in effect at the time of the offenses.

1 On appeal, defendant contends the trial court erred in denying his request to instruct on voluntary…