P. v. Gonzales
A jury convicted Jesse Lawrence Gonzales of first degree murder in the stabbing death of Larry L. Trevino. (Pen. Code, 187, subd. (a), 189.) Gonzales admitted he killed Trevino, but claimed he acted in a fit of rage after Trevino made an unwanted sexual advance. Gonzales argues there was not substantial evidence that the murder was the result of deliberation, premeditation, and malice aforethought. He also argues his trial counsel was ineffective because counsels attempts to introduce psychological testimony were unsuccessful. Court reject Gonzaless assertion that trial counsel was ineffective since he cannot demonstrate any prejudice as a result of the exclusion of his proposed experts testimony. We agree with Gonzales, however, that there was not substantial evidence to support the jurys conclusion that the murder was the result of deliberation and premeditation. Court will reverse the first degree murder conviction and remand the matter to the trial court with directions to enter a conviction of second degree murder and resentence Gonzales accordingly.
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