P. v. Ward
James V. Ward appeals the judgment following his conviction for first degree felony murder while engaged in the commission of sexual penetration (rape by instrument) (Pen. Code, §§ 187, subd. (a), 289),[1] assault on a child causing death
(§ 273ab), and child abuse (§ 273a, subd. (a)). The jury found to be true a special circumstance allegation that the murder was committed during the commission of a rape by instrument. (§§ 190.2, subd. (a)(17)(K), 289.) Ward was sentenced to life without possibility of parole for the murder, plus a consecutive three-year term for child abuse and four-year term for child abuse pursuant to section 12022.95.
Ward contends there was insufficient evidence to support the murder conviction or finding on the special circumstance allegation, and admission of surrogate medical testimony violated his Sixth Amendment right of confrontation. In addition, he contends the trial court erred by admitting evidence of criminal disposition, failing to give a unanimity instruction, and failing to instruct the jury on lesser included offenses to first degree murder. He also claims ineffective assistance of counsel. We affirm.
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