P. v. Lee
A jury found defendant Charles Edward Lee guilty of second degree murder (Pen. Code, 187)[1]and found true an allegation he used a knife as a deadly weapon in committing the offense. ( 12022, subd. (b)(1).) The trial court found defendant had a prior felony conviction for assault with a deadly weapon under section 245 that qualified both as a serious felony ( 667, subd. (a)) and as a strike. ( 667, subds. (b)-(i), 1170.12.) The trial court sentenced defendant to an indeterminate term of 30 years to life, plus a determinate term of one year under section 12022, subdivision (b)(1) and five years under section 667, subdivision (a).
On appeal, defendant claims the trial court erred in ruling defendants proposed expert witness testimony regarding the victims bipolar disorder was character evidence that would open the door to rebuttal evidence regarding defendants character for violence. He asserts numerous jury instruction errors and error by the trial court in responding to jury questions. He claims prosecutorial misconduct in closing argument, ineffective assistance of his trial counsel, and cumulative error. Court affirm the judgment.
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