P. v. Kaempf
Michael Kaempf was convicted of the second degree murder of Michelle Anderson (Pen. Code,[1] 187) with firearm enhancements also found true ( 12022.53, subds. (b)-(d)). Kaempf argues on appeal that there is insufficient evidence to support the murder conviction; that his exculpatory statements made at the time of arrest should have been admitted through police testimony under exceptions to the hearsay rule; that the trial court abused its discretion under Evidence Code section 352 to permit a photograph of the victim and her daughter to be shown in court; that the trial court should not have instructed the jury with CALJIC No. 5.54; and that section 12022.53, subdivision (d) is unconstitutional. Court affirm the judgment.
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