People v. Bivert

Opinion

WERDEGAR, J.

A jury convicted defendant Kenneth Ray Divert of the first degree murder of Leonard Swartz. (Pen. Code, § 187.) The jury found that defendant used a deadly weapon in the commission of the murder (§ 12022, subd. (b)) and found true the special circumstance allegations of prior conviction of first degree murder and lying in wait (§ 190.2, subd. (a)(2), (15)). The jury further convicted defendant of assault with a deadly weapon by a life prisoner (§ 4500) and found he had been convicted in 1988 of three counts of first degree murder (§§ 187, 1170.12, subd. (c)(2), 667, subd.…