What is the test for a jury to convict a defendant of first-degree murder?

16 Defendant rests his argument exclusively on the principles announced in People v. Anderson (1968) 70 Cal.2d 15, 73 Cal.Rptr. 550, 447 P.2d 942, in which opinion this court established the guidelines for reviewing findings of first degree murder based on premeditation and deliberation. Hence it is argued in the opening brief: "The fact that there appears to be no motive for the murders similarly strongly points to the inference of a 'rash impulse' or an 'explosion of violence' caused by unexplainable behavior of the appellant." Defendant further argues: "The picture that emerges upon reflection in the instant case, is not of a 'preconceived design,' 'deliberate and careful thought' or 'reflection,' but rather, a rash and impulsive act generated, perhaps, as the prosecution argued, by the appellant's own mental burdens and bizarre conduct in coping with homosexual behavior. In short, although the murders were brutal the facts do not support the elements of a first degree murder verdict."

17 The jury was instructed pursuant to CALJIC No. 17.40 as follows:

"Both the People and the defendant are entitled to the individual opinion of each juror.