P. v. Carlson
Richard Leroy Carlson (defendant) appeals from a judgment upon a jury verdict finding him guilty of second degree murder (Pen. Code,[1] §187, subd. (a)); use of a deadly weapon in the commission of the offense (§ 12022, subd. (b)(1)); and infliction of great bodily injury upon the victim who was 60 years of age or older (§§1203.075, subd. (a)(1); 1203.09, subd. (b)(1)). Defendant contends that his pretrial statements were admitted in violation of his Fifth Amendment right against self-incrimination; that the prosecutor committed misconduct by arguing the incorrect standard of provocation; and that introduction of evidence of his prior act of elder abuse violated his rights to due process. We affirm.
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