Abuse; Appeal Court re Brown

PEOPLE v. BROWN

THE PEOPLE, Plaintiff and Respondent,

v.

KENNETH BROWN, JR., Defendant and Appellant.

No. D056113.

Court of Appeals of California, Fourth District, Division One.

Filed September 29, 2010.

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NOT TO BE PUBLISHED IN OFFICIAL REPORTS

O'ROURKE, J.

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.