P. v. Baldwin
James Lamont Baldwin (defendant) was convicted by jury of first degree murder, and being a felon in possession of a firearm. The jury also found true an enhancement allegation that he discharged a firearm causing great bodily injury.[1] The court sentenced defendant to a prison term of 25 years to life for first degree murder, and a consecutive term of 25 years to life for the firearm use.
On appeal defendant contends: (1) The prosecutor engaged in numerous instances of misconduct that individually or cumulatively rendered the trial fundamentally unfair; (2) the court abused its discretion under Evidence Code section 352 by admitting many portions of recorded telephone calls between defendant and one of his girlfriends, and the admission of this evidence violated his federal constitutional right to due process; (3) the court erred by admitting evidence of threats and violence against witnesses that were neither made nor authorized by defendant; (4) the court failed adequately to investigate jury misconduct; and (5) the cumulative prejudicial effect of the foregoing errors deprived defendant of due process and a fair trial. The judgment is affirmed.
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