People v. Zapien

Opinion

GEORGE, J.

Defendant was convicted, following a jury trial, of first degree murder (Pen. Code, § 187, subd. (a))1 with the special circumstances that the killing was committed during the course of a burglary and an attempted robbery (§ 190.2, subd. (a)(17)). Defendant also was convicted of first degree burglary (§ 459) and attempted robbery (§ 664/211). The jury found that defendant personally used a knife (§ 12022, subd. (b)) and a firearm (§ 12022.5, subd. (a)) in the commission of each offense. The allegations that defendant previously had been convicted of voluntary manslaughter and…