P. v. Hernandez
Luis A. Hernandez stalked and brutally killed the woman with whom he had lived for almost 18 years and had two children. A jury convicted him of first-degree murder and stalking. In connection with the murder conviction, the jury found true a special-circumstance allegation of killing by means of lying in wait and an enhancement allegation of using a deadly weapon. In connection with the stalking conviction, the jury found true the enhancement allegations of using a deadly weapon and of inflicting great bodily injury under circumstances involving domestic violence.[1] The trial court sentenced Hernandez to life imprisonment without the possibility of parole for the murder conviction, and imposed a consecutive one-year sentence for the enhancement of using a deadly weapon. It stayed sentencing for the stalking conviction and related enhancements.
On appeal, Hernandez argues that his murder conviction must be reversed because (1) he was prevented from introducing a statement he allegedly made after the killing that the victim had “cheated†on him; (2) two prior uncharged acts of domestic violence were allowed into evidence; and (3) the cumulative effect of these errors denied him due process. We reject each claim and affirm.
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