P. v. Pacuan CA4/1
A jury found Leopoldo Pacuan guilty of first degree murder, in violation of Penal Code section 187, subdivision (a), while engaged in the commission of a robbery, within the meaning of Penal Code section 190.2, subdivision (a)(17). At trial, Pacuan presented a third party culpability defense, suggesting that another individual, Nelson Ocampo, had committed the murder. On appeal, Pacuan argues the trial court erred by excluding evidence regarding prior altercations Ocampo had with his wife, including one in which he allegedly threatened her with a knife. Pacuan asserts the evidence was admissible as impeachment evidence pursuant to Evidence Code section 1202 and for completeness under section 356. For the reasons set forth herein, we conclude the court did not err by excluding the evidence. We therefore affirm the judgment.
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