P. v. Maldonado CA2/4
Roman Maldonado appeals from the judgment after his jury conviction of first degree murder for the stabbing death of his mother, Maria Perez. Appellant argues his statement to police should have been suppressed because he did not knowingly and intelligently waive his rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). He also asserts several instructional errors: (1) that CALCRIM No. 3428, as modified, prevented the jury’s consideration of his mental impairment in relation to first degree murder; (2) that CALCRIM No. 570 did not instruct on subjective provocation as relevant to reduce first to second degree murder; and (3) that the court erred in refusing to modify CALCRIM No. 372 to allow consideration of absence of flight as a factor in determining appellant’s guilt. As to the first two instructional errors, appellant, in the alternative, raises claims of ineffective assistance of counsel. Finding that none of these arguments requires reversal, we affirm.
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