P. v. Hage CA4/2
Defendant shot and killed a thief who was stealing scrap metal from his property. Defendant appeals from judgment entered following a jury conviction for first degree murder (Pen. Code, § 187, subd. (a) ; count 1). The jury also found true three firearm allegations (§ 12022.53). Defendant pled guilty to counts 2 through 4 for possession of a firearm by a felon (§ 12021, subd. (a)(1)); possession of ammunition (§ 30305, subd. (a)(1)); and failure to register each residence (§ 290.010). The trial court struck one of the firearm allegations and two prior strike allegations. The court sentenced defendant to 50 years to life in prison.
Defendant contends there was insufficient evidence of the first degree murder theories of lying in wait and of premeditation and deliberation.
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