P. v. Lucero CA4/1
A jury found Michael Lucero guilty of second degree murder (Pen. Code, § 187, subd. (a)) and assaulting a child under the age of eight with force likely to produce great bodily injury, resulting in the child's death (id., § 273ab, subd. (a)). The trial court sentenced Lucero to a prison term of 25 years to life.
Lucero contends that the trial court prejudicially erred in three separate evidentiary rulings: (1) admitting certain evidence of domestic violence that Lucero perpetrated on his cohabitating girlfriend, who was the mother of the victim; (2) excluding certain evidence regarding whether the mother of the victim performed sexual acts with other men at a strip club where she worked; and (3) excluding certain evidence concerning drug use by the mother of the victim. Lucero also contends that the trial court erred in denying his ex parte application to allow a polygraph test to be performed on him prior to sentencing.
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