P. v. Brown
A jury convicted Kenneth Brown, Jr. of second degree murder (Pen. Code, § 187, subd. (a)[1]) and assault causing death of a child under eight years old (§ 273ab). The court sentenced him to 25 years to life on count 2, and 15 years to life on count 1 stayed under section 654.
Brown contends the trial court improperly denied his section 1118.1 motion for a judgment of acquittal on grounds insufficient evidence supported his convictions. He further contends: (1) his constitutional rights to due process and a fair trial were violated because the medical expert provided improper opinion testimony, thus usurping the jury's factfinding function; (2) the jury was improperly permitted to hear a recording of his interview with detectives that included a discussion regarding his amenability to taking a polygraph test; and (3) he received ineffective assistance of counsel. Court affirm the judgment.
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