California Court of Appeal

Conviction and sentence for first degree murder and being a felon in possession of a firearm are affirmed over challenges to: 1) the admission of evidence of uncharged criminal conduct; 2) the admission of an extrajudicial statement of a recalcitrant witness; 3) the sufficiency of the evidence to show premeditation; and 4) the adequacy of a pattern instruction on the subject of giving defendant the benefit of the doubt on the degree of murder.

Appellate Information

• Decided 05/25/2007
• Published 05/25/2007

Judges

• DAVIS, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Scott Concklin, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Virna L. DePaul, Deputy Attorneys General, for Plaintiff and Respondent.