P. v. Luis
Appellant Carlos Luis was convicted, following a jury trial, of first degree murder in violation of Penal Code[1] section 187 and second degree fetal murder. The victims were his wife Bertha Luis and her unborn child. The jury found true the special circumstance allegation that appellant committed multiple murders within the meaning of section 190.2, subdivision (a). The trial court sentenced appellant to life without the possibility of parole for the first degree murder plus 15 years to life for the fetal murder. Appellant contends there was insufficient evidence to support the first degree murder conviction. He also contends the trial court erred by admitting expert testimony on appellant’s mental state, admitting hearsay that appellant threatened to kill Bertha’s father, and instructing the jury that appellant could be convicted of second degree murder on the theory that he failed to seek medical help. We affirm the judgment of conviction.
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