P. v. Rossignol
A jury found Roderick Thomas Rossignol guilty of first degree murder (Pen. Code, 187, subd. (a)) and specifically returned findings that the offense was committed with premeditation and deliberation, but not during the course of a rape or attempted rape. The trial court sentenced Rossignol to prison for an indeterminate term of 25 years to life.
Rossignol appeals, contending that the evidence of premeditation and deliberation in this case was insufficient for first degree murder and that the trial court prejudicially erred by not giving CALJIC No. 8.73 and by requiring the jury to return special findings. In the alternative, Rossignol claims he was denied the effective assistance of counsel if either of the claimed errors regarding the instructions or verdicts is considered waived on appeal. Court affirm.
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