P. v. Rocco CA5
Appellant Christine Marie Rocco was convicted by a jury of second degree murder in violation of Penal Code section 187, subdivision (a), for the death of her infant daughter, A.J. The trial court sentenced Rocco to an indeterminate term of 15 years to life in state prison.
On appeal, Rocco argues that the prosecutor committed misconduct by misstating the law during closing argument. Specifically, she contends that the prosecutor committed prejudicial error by inaccurately stating the elements of implied malice as it applies to second degree murder. Additionally, Rocco filed supplemental briefing to address whether she should be eligible for mental health diversion under the newly enacted section 1001.36. Upon review, we affirm the judgment.
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