Son

People v. Son

Bad Law
79 Cal. App. 4th 224·93 Cal. Rptr. 2d 871
Court of Appeal of CaliforniaMarch 21, 2000D032612California7,620 words

Opinion

Opinion

Doeur Michael Son appeals his jury-tried convictions of two murders while armed with a firearm. (Pen.Code, [1] §§ 187, subd. (a), 190.2, subd. (a)(3), 12022, subd. (a)(1).) Son contends the court erred in not instructing the jury on the lesser included offense of voluntary manslaughter under the theory he acted with "imperfect duress." Son also contends the court erred in excluding his proffered expert testimony about false confessions. We affirm the judgment.

Son helped his accomplice shoot and kill two people. Son admitted his involvement in the killings to his girlfriend's brother. Later, Son told police he had participated in the homicides but had done so only because his accomplice threatened to kill him if he did not help.

At trial, Son denied participating in the killings and asserted an alibi defense. Son testified he made a false confession because police assertedly promised he would be incarcerated for only one year. When Son proffered expert testimony on false confessions, the court excluded such proffered testimony as irrelevant and as unnecessary in light of Son's testimony he had confessed falsely because of the police offer of leniency. The court…

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