(Super. Ct. No. CRF100000308)
The opinion of the court was delivered by: Robie , Acting P. J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Using a screwdriver, defendant David Frank Sears fatally stabbed Stephen Lambert, who was the boyfriend of his sister, Tanya Sears. A jury found defendant guilty of second degree murder.
Defendant appeals, raising three contentions relating to the evidence and the instructions. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In July 2010, Tanya and Lambert had gotten into a fight. Tanya called defendant to tell him Lambert had "put hands on [her]." A short time later, defendant appeared in a car at the house where the fight had taken place. Defendant walked over to Lambert (who was also in the driveway) and said, "'I'm David mother-fucking Sears.'" They argued and fought each other with their fists. Defendant then stabbed Lambert with a rusty Philips head screwdriver in an upward thrusting motion toward Lambert's heart, leaving a four-and-one-half inch exit wound in Lambert's heart. Defendant then told Lambert, "'You better go to the hospital. I got you.'" Lambert died at the hospital.
Defendant left "[r]ight after he stabbed [Lambert]." As defendant walked back to the car, one Ben Kibbe tried to talk with defendant. Defendant told Kibbe "to get out of his way, he was leaving," and he then threatened Kibbe with the screwdriver, saying, "'You want some too?'"
This was not the first time Sears had stabbed somebody. About 13 years before defendant stabbed Lambert, defendant stabbed Marty Washburn. Washburn had gotten into an argument with Tanya. Tanya called defendant to intervene. Defendant showed up and stabbed Washburn with a knife, which required Washburn to get stitches. Defendant was convicted of assault with a deadly weapon.
Sufficient Evidence Supported Defendant's ...