Fear Not Law Articles: P. v. Young

P. v. Young

Filed 1/23/07 P. v. Young CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 TWO

THE PEOPLE,

Plaintiff and Respondent,

RICHARD COMPTON YOUNG,

Defendant and Appellant.

E039122

(Super.Ct.No. FVA019124)

O P I N I O N

In re RICHARD COMPTON YOUNG,

on Habeas Corpus.

E041265

(Super.Ct.No. FVA019124)

APPEAL from the Superior Court of San Bernardino County. Michael R. Libutti, Judge. Affirmed.

ORIGINAL PROCEEDINGS; petition for writ of habeas corpus. Bob N. Krug, Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Petition denied.

Patrick J. Hennessey, 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, Senior Assistant Attorney General, Gil Gonzalez, Supervising Deputy Attorney General, and Garrett Beaumont and Lynne McGinnis, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

Following a jury trial, defendant was convicted of the premeditated and deliberate first degree murder of Jimmie Lee, and of discharging a firearm in the commission of the murder. (Pen. Code, §§ 187, subd. (a), 189, 12022.53, subd. (d).)^{^[1]} The trial court found that defendant had two prior strike convictions. (§ 667, subds (b)-(i).) Defendant was sentenced to 100 years to life, consisting of 75 years to life for the first degree murder conviction, plus 25 years to life for the discharge enhancement.^{^[2]}

Defendant appeals. He contends: (1) insufficient evidence supports the finding that the murder was premeditated and deliberate; (2) CALJIC No. 8.73 was â€

Description	Following a jury trial, defendant was convicted of the premeditated and deliberate first degree murder of Jimmie Lee, and of discharging a firearm in the commission of the murder. (Pen. Code, SS 187, subd. (a), 189, 12022.53, subd. (d).) The trial court found that defendant had two prior strike convictions. (S 667, subds (b)(i).) Defendant was sentenced to 100 years to life, consisting of 75 years to life for the first degree murder conviction, plus 25 years to life for the discharge enhancement. Defendant appeals. Defendant contends: (1) insufficient evidence supports the finding that the murder was premeditated and deliberate; (2) CALJIC No. 8.73 was "inadequate and confusing" because the jury was not instructed on manslaughter and was not instructed on what extent, if any, evidence of provocation can negate a finding of premeditation and deliberation; and (3) the giving of both CALJIC Nos. 2.01 and 2.02 prejudiced his defense that the murder was neither premeditated nor deliberate. Court find each of these contentions without merit. The judgment is affirmed.
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