California, United States of America
The following excerpt is from People v. George, E050801 (Cal. App. 2011):
there was sufficient evidence of planning, motive, and a method of killing to establish that defendant had a preconceived design to kill JC. (People v. Tafoya, supra, 42 Cal.4th at p. 172.)
Defendant has not shown an absence of evidence of premeditation and deliberation. Rather, defendant merely cites conflicts in the evidence which made it possible for the jury to interpret the evidence in his favor on these issues. However, under the relevant standard of review, circumstantial evidence is not insufficient simply because it is "'"susceptible of two interpretations, one of which suggests guilt and the other innocence."'" (People v. Snow (2003) 30 Cal.4th 43, 66.) We conclude the jury's findings on the issues of premeditation and deliberation are well supported by the evidence in the record. The evidence was thus sufficient to sustain defendant's first degree murder conviction.
The judgment is affirmed.
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