P. v. Fajardo CA5
Defendant Jose Manuel Fajardo was charged with the murder of his wife Marlene Rubi Sosa Fajardo (Pen. Code, § 187, subd. (a)). The information further alleged that he acted intentionally, deliberately, and with premeditation (see § 189) and personally used a deadly weapon in the commission of the crime (§ 12022, subd. (b)). The jury convicted defendant of second-degree murder and found true the deadly weapon allegation. Defendant was sentenced to 15 years to life plus one year for personal use of a deadly weapon.
On appeal, defendant contends the trial court erroneously sustained the prosecutor’s objections to certain cross-examination questions posed by defense counsel to the forensic pathologist. For the reasons set forth below, we find the court’s conduct did not amount to prejudicial error and affirm the judgment.
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