California, United States of America
The following excerpt is from People v. Love, B261488 (Cal. App. 2016):
Love appealed. Based on the trial court's failure to instruct the jury on premeditation, we reversed the jury's true findings that the attempted murders were premeditated, willful and deliberate. (People v. Love (July 31, 2014, B249040) [nonpub. opn.].)3 We otherwise affirmed the judgment, but remanded for a retrial on the premeditation allegations, at the People's election. If the People did not elect to retry the allegations, we directed the trial court to resentence Love.
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