THE PEOPLE, Plaintiff and Respondent, v. KENNETH BROWN, JR., Defendant and Appellant.
A jury convicted Kenneth Brown, Jr. of second degree murder (Pen. Code, § 187, subd. (a)1) and assault causing death of a child under eight years old (§ 273ab). The court sentenced him to 25 years to life on count 2, and 15 years to life on count 1 stayed under section 654.
Brown contends the trial court improperly denied his section 1118.1 motion for a judgment of acquittal on grounds insufficient evidence supported his convictions. He further contends: (1) his constitutional rights to due process and a fair trial were violated because the medical expert provided improper opinion testimony, thus usurping the jury's factfinding function; (2) the jury was improperly permitted to hear a recording of his interview with detectives that included a discussion regarding his amenability to taking a polygraph test; and (3) he received ineffective assistance of counsel. We affirm the judgment.