P. v. Romero CA5
A jury convicted Fernando Martinez Romero (defendant) of first degree murder (Pen. Code, § 187, subd. (a)) and found true allegations that defendant personally used a firearm (id., § 12022.5, subd. (a)) and personally discharged a firearm causing death (id., § 12022.53, subd. (d)) when he shot and killed a man during a gathering of friends and family. On appeal, defendant contends his conviction should be reversed because the trial court erred and violated his rights to due process and a fair trial when it excluded certain impeachment evidence and sanitized a prosecution witness’s prior felony convictions. He also argues his counsel provided ineffective assistance because he did not request an instruction on voluntary intoxication in violation of defendant’s rights to due process, to a fair trial, and to present a defense. He asserts the cumulative effect of these errors resulted in a violation of his right to due process.
We affirm the judgment.
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