People v. Bulahan CA3

Filed 6/9/14 P. v. Bulahan CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)

THE PEOPLE, C073125

Plaintiff and Respondent, (Super. Ct. No. 10F02286)

v.

IGNACIO ANDRES BULAHAN,

Defendant and Appellant.

Following a jury trial, defendant Ignacio Andres Bulahan was convicted of first degree murder with personal use of a deadly weapon (Pen. Code, §§ 187, subd. (a), 12022, subd. (b)(1))1 and sentenced to 26 years to life. On appeal, he contends there was insufficient evidence of premeditation and the trial court erred by instructing the jury with CALCRIM No. 362. We affirm. BACKGROUND The Killing Around 12:42 a.m. on May 19, 2004, police found the dead body of Thyotis Jackson lying face down on the sidewalk of First Avenue in the Oak Park area of

1 Undesignated statutory references are to the Penal Code.

1

Sacramento, about a block from the Bonfare Market. Jackson was wearing women’s jeans, he had a hair tie on his wrist, and a long-haired women’s wig was near his foot. Jackson’s T-shirt was pulled over his head, exposing his back. He had stab wounds to the chest and a laceration on his neck. The pathologist determined that the wound to the neck was consistent with an injury inflicted by a razor or scalpel but did not contribute to Jackson’s death. Death was caused by the stab wounds to the chest. The stab wounds were also inflicted by a sharp- edged instrument, but unlike the neck wound, they were deeper than they were long. One stab wound, which was potentially fatal, went through the chest wall and struck his right lung. The other stab wound struck Jackson’s heart. Jackson had abrasions on his head, arm, legs, and back. These were not defensive wounds. The abrasions were consistent with rolling around during a physical altercation or with being beaten by another person. The Admission Alfred Reyes, Jr., had known defendant for at least 10 years when he testified. In the past, they did drugs together and would “run the streets.” In 2004, he was living in a four-unit building on First Avenue. One unit in the building was occupied by Reyes’s friend, Aleah Metzler. The residence was about a block away from the Bonfare Market. One day in 2004, Reyes met defendant at the Bonfare Market. Defendant appeared to be under the influence of alcohol. Reyes invited defendant to come to his residence, which defendant did later that evening. Defendant, who was holding a can of beer when he entered Reyes’s residence, asked Reyes if he wanted something to drink. Reyes declined, as he was a tow truck driver and on duty that evening. Reyes had a utility knife with a locking razor blade tip on top of the television in his living room. He did not consider this to be a box cutter, as the razor blade in the utility knife swung in and out and the diamond-shaped blade was thicker than a box