P. v. Thongphun CA4/3
Defendant Lae Thong Thongphun was convicted of involuntary manslaughter and assault on a child under eight years old with force likely to produce great bodily injury resulting in death. The victim was two-year-old Fox Chau Le (Fox), who died of blunt force trauma to his abdomen while in defendant’s care. Defendant argues three issues in this appeal: first, that his confrontation rights were violated because a pathologist who did not conduct the autopsy was permitted to testify, and Fox’s death certificates were admitted into evidence; second, that the prosecutor committed prejudicial misconduct by stating, during closing argument, that Fox’s injuries showed he had been “tortured;” and third, that defendant’s sentence of 50 years to life is unconstitutional. None of these contentions have merit, and accordingly, we affirm the judgment.
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