P. .v Anunciation
On retrial after a hung jury and a mistrial on a first degree murder charge, a jury found Michael Anunciation guilty of second degree murder (Pen. Code, 187, subd. (a)).[1] On appeal, Anunciation contends the murder conviction should be reversed because the trial court prejudicially erred by (1) admitting expert testimony conveying a nontestifying forensic pathologist's autopsy findings, in violation of the Sixth Amendment's confrontation clause; (2) admitting statements Anunciation contends were obtained in violation of his Fifth Amendment rights; and (3) refusing to instruct the jury on the lesser-included offense of voluntary manslaughter based on theories of heat of passion and imperfect self defense. Court agree with Anunciation's contention regarding the autopsy report testimony, and accordingly reverse.
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