P. v. Baeza
A jury found defendant and appellant Alexandro Alfonso Baeza (defendant) guilty of murder in the second degree (Pen. Code, § 187, subd. (a)) in connection with the death of his two-year-old son, and guilty of assault on a child under eight years of age causing death (Pen. Code, 273ab). The trial court sentenced defendant on the assault causing death conviction to 25 years to life in prison and stayed execution of sentence on the murder conviction in accordance with Penal Code section 654.
In this appeal, defendant raises three claims of error. First, he contends the trial court’s jury instruction on implied malice was incorrect, and the error was prejudicial. Next, defendant contends the trial court committed error by allowing the prosecutor to introduce irrelevant character evidence, namely, evidence that defendant was under the influence of methamphetamine at the time his son died and evidence that the child’s mother had suspected defendant was physically abusing their son as evidenced by bruises on the child’s ears. Finally, defendant contends the trial court violated his Sixth Amendment right to counsel when, at his sentencing hearing, defendant moved to dismiss his retained attorney and the trial court denied that motion.
We conclude defendant’s claims are meritless. Therefore, we will affirm the judgment.
Comments on P. v. Baeza