Is there insufficient evidence of premeditation on the charge of attempted premeditated murder?

Moreover, defendant argues that not only was there insufficient evidence of premeditation, but that there was such overwhelming evidence that he acted in the heat of passion that we are compelled as a matter of law to vacate the attempted premeditated murder verdict and instead enter a verdict for attempted voluntary manslaughter. (See People v. Bridgehouse (1956) 47 Cal.2d 406, 413 [ordering entry of verdict of voluntary manslaughter as a lesser included offense where there is insufficient evidence to sustain the greater offense and the evidence compels a finding of the lesser "as a matter of law"], overruled in part on other grounds by People v. Blakeley (2000) 23 Cal.4th 82.) We disagree. As we explain above, there was sufficient evidence of premeditation. And the evidence that defendant acted in the heat of passion was far from overwhelming. Defendant certainly argued that he either did not shoot Barnes or that he did so in a jealous rage, but the evidence could reasonably support a contrary conclusion given that defendant calmly (albeit tensely) exchanged words with Barnes in the polling place, invited him outside, and patiently waited for him to follow. These acts reflect a calm and patient deliberateness that does not require us to conclude, as a matter of law, that he acted in the heat of passion.

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Defendant argues that the trial court erred in imposing a base prison sentence of 25 years to life for the attempted premeditated murder charge. We agree this was error. The mandatory sentence for attempted premeditated murder is a life sentence with the possibility of parole. ( 664, subd. (a); Porter v. Superior Court (2009) 47 Cal.4th 125, 142.) Because the mandatory sentence of 25 years to life for the enhancement for personal discharge of a firearm causing great bodily injury was also imposed on that count, the proper sentence on the attempted murder count is life with the possibility of parole plus 25 years to life.