P. v. Sepulveda-Arias
Defendant and appellant Jose Ismael Sepulveda-Arias was convicted by jury of first degree murder in violation of Penal Code section 187.[1] The jury found defendant personally used a firearm in the commission of the murder within the meaning of section 12022.53, subdivisions (b)-(d). The trial court sentenced defendant to state prison for a term of 25 years to life for the murder conviction and a consecutive term of 25 years to life for the firearm use.
This timely appeal from the judgment raises only one issue. Defendant argues the evidence is insufficient to support a finding of deliberation and premeditation, and as a result, the judgment should either be reversed or, at a minimum, reduced to murder in the second degree. As the record contains the necessary substantial evidence to support a first degree murder conviction, the judgment shall be affirmed.
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