P. v. Howard CA4/1
A jury found Ted Preston Howard guilty of first degree murder (Pen. Code, § 187, subd. (a)). In a separate proceeding, the court found Howard had not established he was insane at the time of the offense. The court subsequently sentenced him to 25 years to life in prison.
Howard appeals, contending we must reduce his conviction from first degree murder to second degree murder because there was insufficient evidence to support the premeditation and deliberation elements of first degree murder. In addition, he contends we must remand the matter for a new sanity trial because the court abused its discretion by denying his request for a continuance to allow him to be further evaluated for malingering his psychotic symptoms. Lastly, he contends we should direct the court to correct two clerical errors in the abstract of judgment.
We conclude there was substantial evidence to support the premeditation and deliberation elements of first degree murder.
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