California v. Zemek
Annotate this CaseDefendant-appellant Marilyn Joy Zemek was convicted by jury of first degree murder (count 1); elder abuse (count 2); two counts of grand theft (counts 3 and 5); identity theft (count 4); and perjury (count 6). Regarding count 2, the jury found true that Zemek caused the death of the victim who was then over 65 years and under 70 years of age within the meaning of Penal Code section 368 (b)(3)(A). Also, concerning counts 3 and 5, the jury found true that Zemek committed two or more related felonies involving fraud with the taking of more than $100,000 within the meaning of Penal Code section 186.11 (a)(1). The court sentenced Zemek to prison for an indeterminate term of 25 years to life on count 1, plus a total determinate term of five years, comprised of eight-month terms (one-third the middle term) on each of counts 3, 4, and 5, and the middle term of three years on count 6. Zemek appealed, contending: (1) she was denied her right to a public trial; (2) the trial court erred by failing to sufficiently investigate and then dismiss a juror for misconduct; (3) insufficient evidence supports her murder conviction; (4) the trial court erred in denying her request for a pinpoint jury instruction; and (5) the trial court erred in permitting evidence of her prior thefts. The Court of Appeal concluded none of these arguments has merit, and affirmed the judgment.
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