P.
P. v. Gonzales CA4/2
Opinion
Opinion
I. INTRODUCTION
Defendant Robert John Gonzales appeals from his conviction of first degree
murder (Pen. Code,1 § 187, subd. (a)) with true findings on allegations of use of a deadly
weapon, a knife (§ 12022, subd. (b)(1)); a prior strike conviction (§§ 1170.12, subd.
(c)(1), 667, subds. (c), (e)(1); a prior serious felony conviction (§ 667, subd. (a)); and a
prior prison term felony conviction (§ 667.5, subd. (a).)
Defendant contends (1) the trial court erred in excluding evidence that the victim
had methamphetamine in his system at the time of his death; (2) his trial counsel
provided ineffective assistance by failing to request an instruction that if the jury found
defendant had been threatened by gang members in the past, they could consider that
information in determining whether he was justified in acting in self-defense; and (3) the
trial court erred in imposing a three-year enhancement under section 667.5, subdivision
(a); The People properly concede the three-year enhancement must be stricken. We find
no other prejudicial error.