P. v. Falcon
Defendant appeals from the judgment entered following a jury trial that resulted in his convictions for first degree murder and assault with a firearm. Falcon was sentenced to a term of 50 years to life in prison.
Defendant contends the trial court erred by: (1) admitting the preliminary hearing testimony of an unavailable witness; (2) admitting, during the Peoples rebuttal case, evidence of his statements to police; (3) declining to instruct the jury with CALJIC No. 8.73, regarding provocation; and (4) instructing with a modified version of CALJIC No. 2.52, regarding flight. In his petition for a writ of habeas corpus, which we consider concurrently with his direct appeal, Falcon contends his attorney was ineffective in a variety of ways. Discerning no reversible error, Court affirm the judgment and deny the writ petition.
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