Is a jury allowed to convict appellant of first degree deliberate and premeditated murder?

The trial court instructed the jury on first degree deliberate and premeditated murder, as well as first degree felony murder. Conceding that a first degree verdict would be justified by the evidence on a felony murder theory, appellant contends there was insufficient evidence to justify instructing the jury on premeditated murder, and that since there is no way of knowing whether the jurors may have relied on the allegedly erroneous premeditation theory, the first degree verdict cannot stand. This contention is without merit because the evidence justifies a finding of deliberate and premeditated murder.

In People v. Anderson, 70 Cal.2d 15, 26-27, 73 Cal.Rptr. 550, 557, 447 P.2d 942, 949, the court stated: