People v. Trevino

Opinion

THE COURT. *

Appellant Arnold Trevino stands convicted, following a jury trial, of one count of second degree murder (Pen. Code, § 187).* 2 The jury further found that he used a knife in the commission thereof (§ 12022, subd. (b)). Sentenced to state prison for a term of 16 years to life, he appeals, contending that prejudicial instructional error occurred. For the reasons stated herein, we disagree and affirm.

Facts

During the early morning of September 12, 1986, Arnold Trevino stabbed and killed Ricky Blanton. They had a fight several hours earlier, with Blanton emerging as the winner.…