P. v. Couturier
In March 2008 a jury found Kyle Paul Couturier guilty of one count of first degree murder under Penal Code[1] section 187, subdivision (a) (count 1). The court dismissed a charge of robbery ( 211; count 2) and assault by means of force likely to produce great bodily injury ( 245, subd. (a)(1); count 3) before trial. After Couturier waived his right to a jury trial on a prior prison commitment allegation ( 667.5, subd. (b), 668), the court found that allegation true.
The court sentenced Couturier to a term of 25 years to life, plus a one year consecutive term for the prior prison term. On appeal, Couturier asserts (1) there is insufficient evidence to support his first degree murder conviction based on premeditation and deliberation; (2) the court erred in admitting his statements to police obtained in violation of his Fifth Amendment right against self incrimination and due process; and (3) the court erred by allowing an officer to testify he was on parole. Court affirm.
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