P. v. Campodonica
Defendant was convicted by jury trial of second degree murder (Pen. Code, 187) of his wife, Tarina Campodonica, and the jury found true allegations that defendant had personally used a firearm (Pen. Code, 12022.5, subd. (a)(1)) and personally and intentionally discharged a firearm proximately causing death (Pen. Code, 12022.53, subd. (d)) in the commission of the murder. Defendant was committed to state prison for a term of 40 years to life.
On appeal, defendant contends that (1) the trial court prejudicially erred in admitting evidence of his prior acts, (2) his confrontation rights were violated by the admission of Tarinas prior statements, (3) the trial court prejudicially erred in commenting that Nicole Campodonica, defendants daughter, who was testifying for the prosecution, was being evasive and hostile, (4) Evidence Code section 1109 is unconstitutional, and (5) the trial court prejudicially erred in admitting hearsay evidence of Tarinas statements. Defendant has also filed a petition for a writ of habeas corpus which Court dispose of by separate order. Court conclude that, although the trial court made some errors, these errors were not prejudicial, and Court affirm the judgment.
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