People v. Huerta CA5

INTRODUCTION

On April 17, 2011, appellant was arrested after Acamea Coy was found murdered in appellant’s bedroom. Appellant was charged with first degree murder (Pen. Code, § 187, subd. (a)), and an enhancement alleging the use of a deadly weapon was included (§ 12022, subd. (b)(1)). Following a jury trial, appellant was found guilty of the lesser included offense of second degree murder, and the enhancement was found to be true. Appellant was sentenced to an aggregate term of 16 years to life in prison. On appeal, appellant argues that (1) there was insufficient evidence to establish that the victim’s death was caused by the appellant’s actions; (2) there was insufficient evidence to establish that appellant acted with express or implied malice; (3) the trial court abused its discretion by precluding appellant from cross-examining the substitute pathologist about the original pathologist’s autopsy conclusions; (4) the trial court abused its discretion by finding evidence of the substitute pathologist’s professional habits inadmissible; and (5) the cumulative effect of the alleged errors warrants reversal of appellant’s conviction. None of these arguments is persuasive, and the…