California, United States of America
The following excerpt is from People v. Senegal, F066131 (Cal. App. 2014):
"Premeditation and deliberation do not require an extended period of time, merely an opportunity for reflection. [Citations.]" (People v. Cook (2006) 39 Cal.4th 566, 603.)
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Defendant points to the evidence of subjective heat of passion and argues it negates a finding of premeditation and deliberation. This contention relies on a misapplication of our standard of review. It is true that there was some evidence defendant subjectively acted in heat of passion. But that fact is not determinative on substantial evidence review. We are required to review the record "in the light most favorable to the judgment" to determine whether there was substantial evidence of premeditation and deliberation. (People v. Perez, supra, 2 Cal.4th at p. 1124.) All defendant's argument suggests is that some evidence " 'might also be reasonably reconciled with a contrary finding.' [Citation.]" Such a conclusion " 'does not warrant reversal of the judgment.' [Citation.]" (Ibid.)
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