People v. Wang
Annotate this CaseThe Court of Appeal affirmed the trial court's judgment entered after a jury trial in which defendant was convicted of the first degree murders of his mother-in-law and father-in-law. The court held that the erroneous omission of a heat of passion instruction as to the count 2 killing was harmless; the trial court properly denied defendant's request for heat of passion and imperfect self-defense instructions as to the count 1 killing; the trial court did not abuse its discretion in admitting evidence of the 2013 domestic violence incident; the improper admission of the double hearsay evidence of defendant's threat was harmless; the trial court did not abuse its discretion in allowing defendant's wife to testify that she believed defendant was going to get a gun during one of their arguments; the prosecutor did not improperly question defendant about the invocation of his right to remain silent; the prosecutor did not misstate the law or lower the People's burden of proving the element of premeditation and deliberation for first degree murder; defense counsel's failure to call defendant's middle child to testify at trial was a rational tactical choice and did not demonstrate ineffective assistance of counsel; and there was no cumulative error. Finally, the court held that remand for resentencing was unwarranted.
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