Brown

Anthony Brown appeals a judgment after a jury convicted him of second degree murder of a human fetus (Pen. Code, § 187, subd. (a)) and assault by means likely to produce great bodily injury (§ 245, subd. (a)(1)). He contends section 187 is unconstitutional as applied to his case; the trial court erred in failing to instruct the jury on the lesser included offense of manslaughter; the trial court erred in admitting testimony regarding his prior inconsistent statements when the witness/victim conceded the discrepancy; and, his conviction for second degree murder is not supported by the evidence. As we shall explain, we conclude his arguments are meritless and, accordingly, affirm the judgment.

Factual and Procedural Background

On September 21, 1993, around 3 p.m., Mia Jackson went to Brown’s apartment to recover property and money he owed her. She had been dating Brown off and on for four years, but had recently terminated the relationship. She was in her eighth month of pregnancy at the time. While at Brown’s apartment, Jackson telephoned her friend Hollie Davis and made plans to have their fingernails done. While she was on the telephone, Brown looked at her pager and…