P. v. Aviles
Defendant Jose Luis Aviles appeals from the judgment entered after a jury found him guilty of murder (Pen. Code, § 187; count 1) and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 2) and found not true the allegation that he personally used a deadly and dangerous weapon, a dagger, during the commission of the murder (Pen. Code, § 12022, subd. (b)(1)). The trial court sentenced defendant to state prison for a total term of 25 years to life.
Defendant contends the trial court violated his constitutional rights when it refused to admit evidence that the victim had drugs and alcohol in his system at the time of the stabbing and the court refused to allow an expert witness to answer a hypothetical question. We conclude defendant's contentions have no merit and affirm the judgment.
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