California, United States of America
The following excerpt is from The People v. The Superior Court Of Los Angeles County, B225827, No. NA084357 (Cal. App. 2010):
We express no opinion whether the evidence discussed above would be sufficient to prove the premeditation allegation beyond a reasonable doubt. However, we believe that enough evidence was presented at the preliminary hearing to permit the People to present the allegation to a jury. (See Alvarado v. Superior Court (2007) 146 Cal.App.4th 993, 999 ["In this proceeding we are not reviewing the sufficiency of the evidence to support a jury finding of the truth of the gun use enhancement allegation. Instead, our only task is to determine whether there is sufficient evidence in the preliminary hearing transcript to permit the district attorney to take the allegation to trial"].)
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