California Court of Appeal

Defendant's conviction for first degree premeditated murder is reversed where defendant's prior threat to kill the victim was not admissible under Evidence Code section 1370 as it likely influenced defendant's conviction of premeditated murder, rather than a lesser degree of homicide.

Appellate Information

• Decided 09/08/2004
• Published 09/08/2004

Judges

• POLLAK, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• J. Frank McCabe, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Sharon G. Birenbaum, Deputy Attorneys General, for Plaintiff and Respondent.