P. v. Ayala CA6
Defendant Oscar Antonio Ayala was convicted by a jury of first degree murder (Pen. Code, § 187) for killing Reina Figueroa. Defendant and Reina, who were both married to other people, had been in an extramarital relationship for about 15 years at the time of Reina’s death. On appeal, defendant argues there was insufficient evidence he premeditated and deliberated the killing, so his conviction should be reduced to second degree murder. We agree with defendant. Only circumstantial evidence was presented to show defendant premeditated and deliberated, and we do not believe a reasonable jury could have inferred defendant had the requisite mental state to commit first degree murder based on such limited evidence. Thus, we reverse the judgment and remand the matter with directions to reduce defendant’s conviction to second degree murder and to resentence defendant accordingly.
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