P. v. Jimenez
A jury convicted Michael Jimenez (appellant) of first degree murder in violation of Penal Code section 187, subdivision (a).[1] The jury found true the allegations that appellant personally used and intentionally discharged a firearm causing death. ( 12022.53, subds. (b), (c) & (d).)
Appellant appeals on the grounds that: (1) the trial court committed reversible error by instructing the jury that first degree premeditated murder could be committed with implied malice, (2) the trial court prejudicially erred by allowing the prosecutor to argue that a conviction of first degree premeditated murder could be based on express or implied malice, thus presenting the jury with a legally correct and a legally incorrect theory of guilt where it is not possible to determine which theory the jury chose in convicting appellant, and (3) the trial court prejudicially erred by allowing the prosecutor to decline appellants offer to stipulate that the victim died from a gunshot wound to the head.
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