Pedroza

Defendant Steve Christopher Pedroza appeals from the judgment entered after a jury convicted him of first degree murder and arson of an inhabited structure. (Pen. Code, §§ 187, subd. (a), 451, subd. (b).) He contends the trial court erred when it admitted the victim’s out-of-court statements and a videotape of a demonstration performed by a prosecution expert. We find no error and affirm the judgment.

Defendant also filed a petition for a writ of habeas corpus alleging his counsel was ineffective for failing to raise an appropriate objection to the admission of the victim’s statements. As we address the principal issue in the appeal, the petition is moot and is therefore dismissed.

STATEMENT OF FACTS

The Prosecution Case

Defendant lived in a home in Whittier with his wife, Teresa Rodriguez, and their 16-year-old son Steve Pedroza. On June 20, 2004, around midnight, Steve was home with his mother. About 1:00 or 2:00 a.m., Steve heard defendant return to the house. As Steve watched television in his bedroom, he heard his parents arguing. He could not understand what they were saying, but both were yelling. The argument appeared to begin in the living room. After a few…