What is the test for a finding of deliberation and premeditation and/or felony murder?

Lopez contends the evidence is insufficient to support his first degree murder conviction, the torture-murder special-circumstance finding, his conviction for committing lewd and lascivious conduct, and the enhancement for causing great bodily injury. We inquire whether evidence was presented from which a reasonable trier of fact could conclude, beyond a reasonable doubt, that the prosecution sustained its burden of proof. ( People v. Boyer (2006) 38 Cal.4th 412, 479, 42 Cal.Rptr.3d 677, 133 P.3d 581.) We assess whether the evidence is inherently credible and of solid value, and we view the evidence in the light most favorable to the jury verdict.

Lopez contends insufficient evidence supports a finding of deliberation and premeditation, murder by torture, or felony murder. Because we find sufficient evidence to support a finding of premeditation and deliberation, we need not address Lopezs remaining contentions as to the sufficiency of the evidence of first degree murder. (See People v. Letner and Tobin (2010) 50 Cal.4th 99, 168, 112 Cal.Rptr.3d 746, 235 P.3d 62 [when murder conviction is sufficiently supported under one theory, we need not consider additional claims].) However, because Lopez challenges the torture-murder special-circumstance finding, we will address the related question of the sufficiency of the evidence supporting murder by torture.

[420 P.3d 891]