No Instructional Error In Nail Gun Murder Trial. People v. Pescador, no. C042759 (Cal.Ct.App. 3d dist. June 8, 2004).
"Suspecting his wife, Norma Pescador, of infidelity, defendant Manolito Pescador fired 10 nails into her head with a nail gun, killing her" and there were no errors in his jury instructions.

(1) No error in instructing pursuant to CALJIC 8.71 and 8.72, which create presumptions for convictions for lesser homicide offenses when there jurors have a reasonable doubt as to the degree of the offense. Jury would not read instructions as requiring that they unanimously find that they cannot agree on the degree: (2) No error in instructing pursuant to CALJIC 2.50.02, which permits jury to rely on prior acts of domestic violence to find that he had a propensity to commit the current offense.