People v. Smith CA5

INTRODUCTION

Kenneth Charles Smith (appellant) killed his elderly parents, Clarence and Evelyn Smith, by strangling them to death. A jury convicted appellant of two counts of first degree murder (Pen. Code, §§ 187, subd. (a), 189, subd. (a)),1 and found true two multiple-murder special-circumstance allegations (§ 190.2, subd. (a)(3)). After the verdict was rendered, appellant withdrew his plea of not guilty by reason of insanity. The trial court sentenced appellant to two consecutive terms of life in prison without the possibility of parole. Appellant raises numerous claims on appeal. He contends the trial court improperly limited the scope of expert testimony, should have allowed a defense witness to testify remotely, and violated his right to confrontation by admitting the autopsy reports of a nontestifying pathologist. He also raises claims regarding the admissibility of evidence and prosecutorial misconduct during closing argument. We conclude that no error occurred, or that any presumed error was harmless. The parties agree, however, that appellant is subject to only one multiple-murder special-circumstance allegation, and we strike the duplicative finding. In all other…