P. v. Walton
Defendant and appellant Jason Robert Walton was convicted by jury of the first degree murder of William Cox (Pen. Code, 187, subd. (a))[1]and the attempted willful, deliberate, premeditated murder of Edward Williams ( 664/187, subd. (a)). The jury also found defendant personally and intentionally discharged a firearm, and his discharge of the firearm proximately caused death and/or great bodily injury. ( 12022.5.53, subds. (c)-(d).) Defendant was sentenced to a total of 50 years to life in state prison.
In this timely appeal, defendant argues as follows: (1) the prosecutor improperly injected racial animus into the trial, and the trial courts failure to remedy the misconduct violated defendants constitutional rights; (2) the evidence is insufficient to establish the element of premeditation as to the murder and attempted murder convictions; (3) the Judicial Council of California Criminal Jury Instructions (2006-2007) CALCRIM Nos. 521 and 601, do not properly differentiate between the element of intent to kill and premeditation; (4) the trial court erred in instructing the jury on suppression or fabrication of evidence pursuant to CALCRIM No. 371; (5) denial of access to juror contact information prejudiced defendants ability to investigate potential grounds for a new trial; (6) denial of the motion for new trial was error, because the verdict was contrary to the weight of the evidence; and (7) the cumulative effect of the errors violated defendants right to due process under the state and federal constitutions.
The judgment is affirmed.
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