P. v. Young
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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