California, United States of America
The following excerpt is from People v. Martinez, B249606 (Cal. App. 2014):
"'Murder that is premeditated and deliberated is murder of the first degree.'" (People v. Pearson (2013) 56 Cal.4th 393, 443.) Jurors were specifically instructed that to find first degree they had to conclude that that defendant acted willfully, deliberately and with premeditation. The instructions plainly differentiated first and second degree murder. Under the given instructions, jurors could have convicted defendant of first degree murder only after finding that he premeditated and deliberated. Defendant therefore demonstrates no error.
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