P. v. Fructuosco
Jose Fructuoso appeals from his conviction by jury verdict of second degree murder. He contends the trial court erred in requiring his testimony as a foundation for expert psychiatric testimony that he suffered from post traumatic stress disorder. He claims the prosecutor committed numerous incidents of prejudicial misconduct. Appellant argues that the trial court erred in admitting DNA testimony in violation of his right to confrontation guaranteed by the Sixth Amendment to the United States Constitution. He asserts that the admission of a statement he made to a transporting police officer without readvisement of his Miranda[1] rights was error. He contends the trial court’s response to a jury question about the difference between first and second degree murder was inadequate. Finally, appellant challenges the sufficiency of the evidence of second degree murder, arguing that it instead supports a verdict of voluntary manslaughter committed in the heat of passion.
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