P. v. Little
Filed 06/30/06 P. v. Little CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. AARON XAVIER LITTLE, Defendant and Appellant. | G035242 (Super. Ct. No. 03WF3001) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Richard F. Toohey, Judge. Affirmed.
David L. Polsky, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry Carlton and Stephanie H. Chow, Deputy Attorneys General, for Plaintiff and Respondent.
Appellant Aaron Little was convicted of attempted premeditated murder and conspiracy to commit assault with a deadly weapon. He contends his attorney was ineffective for failing to seek CALJIC No. 8.73, which explains that provocation insufficient to reduce murder to manslaughter may still negate premeditation. Finding a paucity of evidence to support the instruction, we reject the contention and affirm the judgment.
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On November 24, 2003, sometime between 9:00 and 10:00 p.m., appellant, Corey Brown and Josh Little pulled up in front of the apartment of Josh's ex-girlfriend Michele Kirby.[1] Josh got out and greeted Kirby, and appellant and Brown turned their vehicle around in the cul-de-sac at the end of the street and parked. They then joined Josh and Kirby.
At some point, appellant exchanged words with some people who were near the cul-de-sac. Appellant repeatedly yelled out, â€
