Tzul

INTRODUCTION

Trial courts have broad discretion to exclude evidence under Evidence Code section 352 1 if the evidence’s probative value is substantially outweighed by the probability the evidence will create a substantial danger of undue prejudice. Broad, but not limitless. This appeal tests the limit. Pedro Thomas DeLeon Tzul appeals from the judgment after a jury convicted him of first degree murder for killing his girlfriend, Martha Garcia, and second degree murder for killing Martha’s brother, Antonio Garcia. Tzul argues the trial court erred in excluding a handwritten note found at the crime scene that included statements by Tzul indirectly admitting he killed Martha and Antonio, but stating he acted in a rage after discovering they were having sex. The trial court excluded the note under section 352 on the prosecutor’s objection during the People’s case, but ultimately admitted the note when Tzul, to show he acted with provocation, was forced to testify to get the note into evidence. He argues the trial court’s error was prejudicial because, had he not testified, it is reasonably likely the People would not have presented sufficient evidence of premeditation and…